Patent Law Weblog
January 29-30, 2007 – Biotechnology 2007 (Law Seminars International) – San Francisco, CA
January 29-30, 2007 – BIO-Asia Partnering Conference (Biotechnology Industry Organization) – Tokyo, Japan
February 27-28, 2007 – Patent Portfolio Management (American Conference Institute) – New York, NY
April 16-18, 2007 – Biotechnology: Patent Prosecution, Licensing, Litigation &
Hatch-Waxman (Patent Resources Group) – Orlando, FL
By Donald Zuhn —
Further to yesterday's report, the United States Patent and Trademark Office (USPTO) announced today that applicants can now request electronic transfer and retrieval of priority documents to and from the European Patent Office (EPO). The USPTO also announced that later this year, applicants will be able to request electronic transfer and retrieval of priority documents to and from the Japan Patent Office (JPO).
By Donald Zuhn —
As reported here earlier, the U.S. Patent and Trademark Office (USPTO) has now promulgated a final rule providing for the electronic transfer of certified copies of priority documents from other intellectual property offices and permitting other intellectual property offices to electronically retrieve certified copies of U.S. patent applications without payment of a fee. A list of participating intellectual property offices and the date on which applicants may begin requesting electronic transfer and retrieval of priority documents will be subsequently posted by the USPTO in the
Official Gazette.
In conjunction with the changes to the rules, the USPTO has also provided two forms for applicants to use in requesting the electronic transfer of certified copies of foreign priority documents to the USPTO (PTO/SB/38) or authorizing other offices to retrieve electronic copies of U.S. applications from the USPTO (PTO/SB/39). In addition to allowing for the transfer of priority documents filed in participating intellectual property offices, the rules changes also allow for the transfer of a priority document filed in a non-participating intellectual property office provided that the document is stored in a patent application file in a participating intellectual property office.
By Mark Chael —
Meridian Biosciences, Inc. (Nasdaq: VIVO) of Cincinnati,
OH recently announced that its subsidiary, Meridian Life Sciences, Inc., has
manufactured an infectious inoculum of respiratory syncytial virus (RSV) to be
used in human challenge studies of healthy volunteers. RSV is an enveloped RNA virus and the most
common cause of pneumonia and bronchitis in infants. The challenge studies are to be conducted by
Alnylam Pharmaceuticals (Nasdaq: ALNY) of Cambridge, MA. 
These studies will establish optimal infectious
levels of the RSV inoculum as a prelude to testing Alnylam's RNAi therapeutic
compound, ALN-RSV01.
By Jason Derry —
In May 2006, XOMA Ltd. and
Schering-Plough Corp. agreed to a collaboration relating to discovery and development of therapeutic
monoclonal antibodies. Under the
agreement, Schering-Plough selects the targets and XOMA uses its proprietary
antibody technology to discover antibodies of therapeutic interest. On Wednesday, XOMA announced that
Schering-Plough exercised its option for additional discovery and development
programs.
Jason Derry, Ph.D., who graduated with honors from DePaul University
College of Law, is a molecular biologist and founding author of Patent Docs.
By Mark Chael —
On Thursday, January 11, 2007, Digene filed suit against
Third Wave Technologies, Inc. in the U.S. District Court for the Western
District of Wisconsin (Case No. 07-C-0022-C) alleging infringement of U.S.
Patent No. 5,643,715 (the '715 patent), in the latest skirmish of the ongoing
battle between these two companies over tests for human papillomavirus (HPV), a
cause of cervical cancer.
Third Wave (TWTI) markets the Invader® line of products
for the detection and diagnosis of disease using DNA and/or RNA analysis. Some of its products – for example the Invader® HPV A5/A6 Oligo Mix, Invader® HPV A7 Oligo Mix, and Invader® HPV
A9 Oligo Mix – are useful in the detection and diagnosis of HPV infection. The Invader® line of products and methods of
using such products are covered by a number of Third Wave's 45 issued U.S. patents and 36 published U.S. applications.
In its complaint, Digene alleges that the HPV A9 Oligo
Mix at least infringes the '715 patent. Digene's complaint alleges that the sole inventor, Wayne D.
Lancaster, assigned his rights to Georgetown University and that Digene is the
exclusive world-wide licensee. Digene's
complaint further alleges that Third Wave has had actual or constructive notice
of its allegedly infringing conduct since at least October 11, 2005.
Interestingly, a year ago, Digene and Third Wave entered
into an agreement to dismiss without prejudice a declaratory judgment action filed
by Third Wave against Digene for the same HPV detection technology. On January 13, 2006, both parties submitted a
stipulation of dismissal and proposed order to the U.S. District Court for the
Western District of Wisconsin (Case No. 05-C-0594-C).
Tanox Inc. has
announced that its
shareholders have approved Genentech's offer to acquire the company for $20 per share ($919 million). Tanox is a biotechnology company located in
Houston, TX that focuses on discovery and development of biotherapeutics. Tanox's approved drug Xolair® (omalizumab) is the first anti-IgE
antibody on the market. As stated on
Tanox's website, Xolair® is approved for the treatment of asthma in adults
and children age 12 and over. Tanox also
has three additional monoclonal antibodies in various stages of clinical
development. The actual acquisition of
Tanox by Genentech is now subject to approval by regulators.
Jason Derry, Ph.D., who graduated with honors from DePaul University
College of Law, is a molecular biologist and founding author of Patent Docs.
Trellis Bioscience, Inc. has
announced an agreement with PDL BioPharma, Inc. relating to
discovering monoclonal antibodies that recognize a PDL antigen. Under the agreement, Trellis will utilize its
CellSpot technology to screen for hybridomas that produce antibodies of
interest. Once particular hybridomas are
identified, PDL BioPharma will attempt to develop and commercialize the
antibodies or products relating to the antibodies. Specific details about the agreement, such as
which antigens will be examined or payment structure, were not available.
Jason Derry, Ph.D., who graduated with honors from DePaul University
College of Law, is a molecular biologist and founding author of Patent Docs.
It may be too late to sign up for "Launching a Biotech or Medical Device Start-Up: What Does it Take to be Successful?" a sold-out entrepreneurial education event hosted by the Illinois Technology Enterprise Center-Evanston on January 17, 2007, in Chicago, Illinois.
However, if you're in the Chicago Metro area on Saturday, January 20, 2007, you may be interested in attending the 7th Kellogg Biotech and Healthcare Conference (KBHC) entitled "Today's Ideas for Tomorrow's Patients" to be held at the Donald P. Jacobs Center on the Northwestern University Campus in Evanston, Illinois. Keynote addresses will be presented by William A. Hawkins, President and Chief Operating Officer at Medtronic, Inc., and William Dempsey, Executive Vice President, Pharmaceutical Operations at Abbott. A schedule of events and panels for the Conference can be found at the above links. Those wishing to register online for the Conference can do so here.
By Jason Derry —
Research and Markets recently announced the
availability of two new reports relating to the biotechnology industry: "Biotechnology in the United States" and "Biopartnering Strategies: Maximizing Returns from Biotechnology
Deal-making." According to the Research and Markets
website, "Biotechnology in the United States" provides data and
analysis relating to trends and developments in the biotechnology
industry. "Biopartnering
Strategies: Maximizing Returns from Biotechnology Deal-making" discusses
in-licensing and out-licensing strategies in the biotechnology industry, as
well as licensing trends in the industry.
Patent Docs 