Patent Law Weblog
recent posts
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
- Federal Circuit Refuses to Switch District Court’s Finding for Nintendo
- Supreme Court to Resolve Dispute Over Marketing of “Skinny Labeled” Generics
- Solicitor General Proves Persuasive; Supreme Court Grants Hikma’s Certiorari Petition
- CNIPA Implements Inventor ID Requirement
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Category: Miscellaneous
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By Kevin E. Noonan — The institutional history of the Court of Appeals for the Federal Circuit (CAFC) in recent years has been one of constant reversal by the U.S. Supreme Court. In procedural matters (eBay Inc. v. MercExchange, LLC), the Federal Circuit’s prerogatives on the standard of review (Dickinson v. Zurko), and…
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The Federal Circuit Continues Its Capitulation on Declaratory Judgment Actions By Kevin E. Noonan — In its MedImmune, Inc. v. Genentech, Inc. decision, the Supreme Court suggested in dicta that the Federal Circuit’s "reasonable apprehension of (imminent) suit" test was in conflict with Supreme Court precedent, but limited this dicta to a footnote. …
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By Sherri Oslick — In a case testing the interplay between terminal disclaimers and patent term extensions under the Hatch-Waxman Act, the Federal Circuit, in affirming the judgment of the district court, held that patent term extensions could – nay should – be applied to terminally disclaimed patents, leaving Merck’s Hatch-Waxman extension for…
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By Mark Chael — On February 21, 2007, the Board of Patent Appeals and Interferences (BPAI) at the U.S. Patent and Trademark Office (USPTO) entered judgment in favor of Enzo Life Sciences, a subsidiary of Enzo Biochem, Inc., after Princeton University and Imclone Systems, Inc. requested adverse judgment in a prior filing in…
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By Donald Zuhn On March 9, 2007, Innogenetics announced that the Federal Circuit reinstated a permanent injunction issued by the District Court for the Western District of Wisconsin against Abbott Laboratories. In September 2005, Innogenetics sued Abbott Laboratories for infringement of U.S. Patent No. 5,846,704, which covers a method of genotyping hepatitis C…
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By Kevin E. Noonan Many have noted the recent trend in U.S. Supreme Court review, and disagreement with, Federal Circuit decisions. Indeed, only two Federal Circuit decisions have been affirmed by the Supreme Court since 1995. Some have questioned whether this level of negative review might tend to diminish the Federal Circuit’s role…
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By Donald Zuhn Genentech, Inc. announced on Wednesday that the USPTO has issued a final Office Action in its reexamination of U.S. Patent No. 6,331,415, rejecting the claims of what is generally referred to as the Cabilly patent. In its press release, Genentech stated its intention to respond to the final Office Action…
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The authors and contributors of Patent Docs wish their readers a Happy Holidays. Publication of Patent Docs will resume on December 26th.
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Patent Docs is a new weblog focusing on recent developments in biotech and pharma patent law. This weblog will offer updates regarding changes in Patent Office rules and procedures affecting biotech and pharma patent prosecution, and provide summaries of recent court and board decisions impacting biotech and pharma patent litigation and prosecution. In addition, Patent…
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