Category: Uncategorized

  •     By Donald Zuhn — In March, the District Court for the Southern District of New York found the claims of several of Myriad Genetics patents (directed to the BRCA1 and BRCA2 genes) invalid, ruling in favor of the plaintiffs in Association of Molecular Pathology v. U.S. Patent and Trademark Office (see "Round One Goes…

  • June 1, 2010 – Biotechnology/Chemical/Pharmaceutical (BCP) Customer Partnership Meeting (U.S. Patent and Trademark Office) – Alexandria, VA June 10, 2010 – "Patents and the Written Description Requirement: Meeting Section 112 Disclosure Obligations After Ariad v. Lilly" (Strafford) – 1:00 – 2:30 PM (EST) June 11, 2010 – "The Future of U.S. Patent Law: An In-Depth…

  •     By Kevin E. Noonan — In what may be considered a softening (or at least a change) in its approach to protecting its patented technology, Monsanto announced that it would not enforce any contractual provisions regarding its Roundup Ready® transgenic seed (that preclude growers from replanting genetically-engineered seeds) once the patents on that technology…

  •     By Donald Zuhn — Last week, the World Intellectual Property Organization (WIPO) released a report on intellectual property trends showing that the number of filed patent, trademark, and industrial design applications increased in 2007 ("World Intellectual Property Indicators 2009").  However, preliminary results for 2008 indicate that application filings dropped last year, a result not…

  •     By Christopher P. Singer — In a March 12, 2009 press release, Roche and Genentech announced that the two companies had agreed on terms of a merger agreement.  According to the report, the terms of the agreement include Roche's cash acquisition of all outstanding publicly held shares of Genentech stock at $95 per share,…

  •     By Kevin E. Noonan — An astute reader has asked, regarding our post concerning EXACT Sciences' announcement of the issuance of U.S. Patent No. 7,485,420, whether the claims of the '420 patent would be invalid under the Federal Circuit's In re Bilski standard for patentable subject matter.  The independent claims of the '420 patent…

  •     By Mark Chael — As Patent Docs has previously reported (here and here), the USPTO recently held a customer partnership meeting for the biotech, chemical, and pharmaceutical art groups.  Of the many interesting and informative presentations and discussions from the meeting, those of us that prosecute patent applications directed to oligonucleotide, protein, and…

  •     By Kevin E. Noonan — Last week, Simran Trana (at right), director of Purdue Research Foundation’s Office of Technology Commercialization acknowledged the 800 lb. gorilla that everyone talking about patent reform has been ignoring.  Speaking on a panel discussing patent reform legislation at BIO 2007 in Boston, Ms. Trana said that the need…

  •     By Kevin E. Noonan — Lost in the reaction to KSR Int’l Co. v. Teleflex Inc. two weeks ago was the Court’s decision in Microsoft Corp. v. AT&T Corp., rendered on the same day.  While not directed to a biotechnology invention, the case has interesting implications for the relationship between activities overseas and…

  •     By Kevin E. Noonan — On Tuesday, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) released an extensive (218 page) report on their analysis of the relationship between antitrust law and patent law (see "Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition").  And in what may come as…