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: Patent Litigation
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By Kevin E. Noonan — Monsanto has been very successful in defending its Roundup Ready® franchise of genetically-engineered crop varieties. Monsanto sells patented seeds to a variety of crop plants, including soybeans, that are resistant to Monsanto’s Roundup® glyphosphate herbicide. These sales are conditioned by an agreement, termed the "Technology Agreement" that requires…
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By Kevin E. Noonan — The annual report from the Director of the Administrative Office of the U.S. Courts, James C. Duff, was released last week. Entitled "Judicial Business of the United States Courts," this document (weighing in at 416 pages and containing hundreds of pages of tabulated information) contained a few interesting…
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By Donald Zuhn — On Monday, the American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released a statement regarding a new ethics opinion (Formal Opinion 08-451), which concludes that U.S. lawyers can outsource legal and nonlegal work provided that they adhere to ethics rules regarding competence, supervision, protection of confidential…
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By Donald Zuhn — Last week, the Public Patent Foundation (PUBPAT) announced that a coalition of consumer advocacy and public interest groups had filed an amici brief in the Tafas v. Dudas appeal. The brief, which was signed by PUBPAT Executive Director Dan Ravicher (below left), was filed on behalf of PUBPAT, AARP,…
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By Sherri Oslick — Earlier this week the litigation between Teva Pharmaceutical Industries Ltd. and Dr. Reddy’s Laboratories Inc. over generic Coreg® was dismissed without costs and without prejudice based on a settlement between the parties. As we reported previously, the suit was originally filed in the District Court of New Jersey on…
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By Donald Zuhn and Benjamin Huber — Last Friday, the U.S. Patent and Trademark Office and USPTO Director Jon Dudas filed their opening brief in the Tafas v. Dudas appeal. As we previously reported, the Patent Office and Director Dudas had until July 18th (i.e., sixty days from the May 19th docketing date)…
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By Sherri Oslick — Earlier this month by consent judgment, the Paragraph IV litigation between Eli Lilly and Glenmark Pharmaceuticals over Lilly’s ADHD drug Strattera® was terminated. Per the parties’ stipulation, Glenmark agreed that the patent-in-suit was neither invalid nor unenforceable, and further agreed to a permanent injunction enjoining it from manufacturing or…
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By Kevin E. Noonan — On June 9, 2008, the University of Pittsburgh obtained a judgment correcting inventorship of U.S. Patent No. 6,777,231 under 35 U.S.C. § 256. The U.S. District Court for the Central District of California determined that several of the inventors, who had assigned their rights to the Regents of…
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By Donald Zuhn — Last week, a panel of biopharma attorneys participated in a breakout session at the BIO International Convention to discuss the impact of the Supreme Court’s decision in KSR Int’l Co. v. Teleflex Inc. on biopharma patent prosecution and litigation. Participating in the panel, entitled "Biopharma IP Strategies in the…
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By Kevin E. Noonan — Amgen Inc., the real party in interest, and the Biotechnology Industry Organization filed briefs recently asking the Federal Circuit to overturn the decision by the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences in Ex parte Kubin (see Patent Docs post). The Board upheld an…
Patent Docs 