
Patent Law Weblog
recent posts
- Quo Vadis mRNA Vaccine Technology? The State of the IP Lawsuits
- Moderna Settles Patent Litigation with Arbutus et al.
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
- Oasis Tooling, Inc. v. Siemens Industry Software Inc. (Fed. Cir. 2026)
- Why AI Will Not Take Over the World
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Category: International IP
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By Donald Zuhn — With the eighth round of negotiations of the Trans-Pacific Partnership (TPP) agreement currently underway in Chicago, a number of Senators have written to the U.S. Trade Representative, Ambassador Ron Kirk, to push for the inclusion of intellectual property provisions that are consistent with U.S. biologics exclusivity standards (i.e., 12 years of…
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By Donald Zuhn — On August 4, Rep. Henry Waxman (D-CA) led a group of seven House Democrats in asking President Obama to exclude the 12-year data exclusivity period provided by the biosimilar approval pathway of the Patient Protection and Affordable Care Act (PPACA) from the intellectual property provisions of the Trans-Pacific Partnership (TPP) agreement…
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By Donald Zuhn — Last week, a group of seven House Democrats, led by Rep. Henry Waxman (D-CA), sought to have the 12-year data exclusivity period provided by the biosimilar approval pathway of the Patient Protection and Affordable Care Act (PPACA) excluded from the Trans-Pacific Partnership (TPP) agreement. According to a report in The Hill,…
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By Donald Zuhn — Last month, the Biotechnology Industry Organization (BIO) and Pharmaceutical Research and Manufacturers of America (PhRMA) sent a letter (and accompanying Appendix) to Commerce Secretary Gary Locke, expressing their appreciation and support for Secretary Locke's "continued leadership in promoting robust intellectual property standards and policies." BIO and PhRMA also commended the Department of…
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By Kevin E. Noonan — The European Court of Justice (ECJ) is poised to make a decision regarding the patent-eligibility of human embryonic stem cells (hESCs) in Europe, and that decision will be "no" if the court follows the recommendation of the court's advocate general. The case began in 2004, when Greenpeace sued in German federal…
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By Kevin E. Noonan — At the end of last month, the U.S. Trade Representative (USTR), Ronald Kirk, issued the 2011 Special 301 Report. According to the USTR website "[f]ighting [intellectual property rights, i.e.,] IPR theft in overseas markets is critical to the livelihoods of the estimated 18 million Americans who work in intellectual property-intensive…
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By James DeGiulio — In March, it appeared that patent reform leading to a unified European Union (EU) patent was on its way to being enacted, after the European Parliament pushed the latest European Commission proposal through despite a dissenting minority of member countries (see "European Parliament Approves Enhanced Cooperation Procedure to Create Unified EP…
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By Brad Crawford — On April 13, 2011, the European Patent Office (EPO) reported that the total number of European patent applications is once again on the rise. The EPO noted that EP filings hit 235,029 in 2010, which surpassed the 225,971 patent applications that were filed in 2008 and the 211,344 applications that were…
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By Donald Zuhn — In February, inovia released its 2011 report on global IP trends. In compiling the report, inovia, which produces products for PCT national phase entry, European patent validation, and patent translations, surveyed nearly 150 U.S. companies to examine how the U.S. economy has impacted the foreign filing strategies of U.S. patentees. The…
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By James DeGiulio — In late December, after once again failing to get unanimous approval for a united EP patent system, twelve of the EU countries supporting the unified system requested relief from "enhanced cooperation," a rarely used provision of the Lisbon Treaty (see "Several EU Members Push for Unified Patent System"). This non-traditional legislative…