Month: August 2009

  •     By Kevin E. Noonan — Professor Henry Grabowski has been cited often in the data exclusivity debate, on the economic justification for a twelve-year data exclusivity period for biologic drugs.  Dr. Grabowski (at right), a Professor at The Fuqua School of Business at Duke University, has some credibility (in addition to his academic credentials)…

  •     By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring. A.F. of L. – A.G.C. Building Trades Plan v. Merck & Co. et al.3:09-cv-04202; filed August 14, 2009 in the District Court…

  • The next biotechnology/chemical/pharmaceutical (BCP) customer partnership meeting will be held on September 2, 2009.  The proposed agenda for that meeting is as follows: Morning Session • Greetings and Overview (10:00 – 10:15 am EDT):  John LeGuyader, Remy Yucel, and Michael Wityshyn, Directors, Technology Center 1600 • Interview Practice (10:15 – 11:00 am):  Tim Callahan, Director, TC…

  • September 1, 2009 – Prior Art & Obviousness 2009: The PTO & CAFC Perspective on Patent Law Sections 102 & 103 (Practising Law Institute) – San Francisco, CA September 2, 2009 – Biotechnology/Chemical/Pharmaceutical Customer Partnership Meeting (U.S. Patent and Trademark Office) – 10:00 am – 4:45 pm (EDT) September 13-15, 2009 – 2009 Annual Meeting…

  •     By Christopher P. Singer — "In these economic times" it seems that new USPTO Director David Kappos understands that people appreciate an opportunity to save money.  Patent Docs is happy to report that the Patent Office has announced on its website (interestingly, "buried" underneath a story about the Director's swearing in) that it will…

  •     By Donald Zuhn — The Court of Appeals for the Federal Circuit today decided that the appeal in Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. warrants en banc consideration.  In June, Ariad filed a petition for rehearing of the decision issued by the Federal Circuit on April 3 (see "Ariad Files Petition for…

  •     By Donald Zuhn — On July 24, the Department of Justice (DOJ) filed a joint motion with Plaintiffs-Appellees Dr. Triantafyllos Tafas and GlaxoSmithKline seeking to stay briefing and oral argument in Tafas v. Kappos (previously Tafas v. Doll) until 60 days after the U.S. Senate confirmed new Director David Kappos (see "Could the 'New…

  • American Conference Institute (ACI) will be holding its 2nd Annual Paragraph IV on Trial conference on November 12-13, 2009 in New York, NY.  At this conference, Hatch-Waxman litigators experienced in representing both generic and innovator drug manufacturers will immerse attendees in a live, two-day, interactive mock trial of a Paragraph IV case based on a…

  •     By Donald Zuhn — In a report originally published by the American Enterprise Institute for Public Policy Research (AEI) late last year, the nonpartisan public policy group advocated for a 12 to 14-year exclusivity period, concluding that "the social losses from providing for fairly long exclusivity periods (twelve to fourteen years) would be small…

  •     By Kevin E. Noonan — Published articles in the popular press rarely report accurately about patents and the patent system.  That's why it is unexpected, remarkable, and incredibly timely that the Milwaukee Journal Sentinel published not one but two in-depth articles about patents and the U.S. Patent and Trademark Office this week.  Written by…