Month: March 2010

  •     By Kevin E. Noonan — The Federal Circuit waded into the question of patent ownership in a dispute between a patent attorney and Applera-Applied Biosystems over patents involving nucleic acid sequencing technology in Applera Corp. v. Illumina, Inc.  The case is unusual in at least three respects:  the inventor is a lawyer, not a…

  •     By Donald Zuhn — Last week, in a letter addressed to Senate Judiciary Chairman Patrick Leahy (D-VT) and Ranking Member Jeff Sessions (R-AL), Public Patent Foundation (PUBPAT) Executive Director Daniel Ravicher expressed "deep concern" over the Committee's addition of a provision to the Senate patent reform bill (S. 515) that would eliminate qui tam…

  •     By Suresh Pillai — Settlement Announced in Carbatrol® Suit The U.S. District Court for the District of New Jersey has approved a settlement of the infringement suit between plaintiff Shire LLC and defendant Nostrum Pharmaceuticals Inc. concerning the alleged infringement of U.S. Patent Nos. 5,326,570 and 5,912,013.  According to Shire's complaint, filed in 2008…

  •     By Donald Zuhn — Earlier this year, we released our annual list of top biotech/pharma stories (see "Top Stories of 2009: #4 to #1").  At the top of our list, we placed the biotech/pharma industry's attempts to recover from the Great Recession.  Back in February of 2009, we noted that almost a third of…

  •     By Kevin E. Noonan — It's settled, then — unless the Supreme Court decides to weigh in, there is a separate written description requirement in 35 U.S.C. § 112, first paragraph.  The precedent developed since Regents of the University of California v. Eli Lilly & Co. is good law.  This is the judgment of…

  •     By Donald Zuhn — On Sunday night, the House of Representatives voted by a narrow 219-212 margin to agree to the version of the Patient Protection and Affordable Care Act (H.R. 3590) that the Senate passed on December 24, 2009 (see "Follow-on Biologics News Briefs – No. 11").  Less than an hour later, the…

  •     By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. Cephalon, Inc. et al. v. Lupin Ltd. et al.1:10-cv-00661; filed March 17, 2010 in the District Court of Maryland • Plaintiffs:  Cephalon, Inc.; Cephalon France• Defendants:  Lupin Ltd.; Lupin Pharmaceuticals, Inc. Cephalon Inc. et…

  • The Biotechnology Industry Organization (BIO) will be holding its annual BIO International Convention on May 3-6, 2010 in Chicago, IL.  Founded in 1993, BIO is a nonprofit association seeking supportive biotechnology policies on behalf of more than 1,200 biotechnology companies, state and international affiliates, and related organizations, as well as providing business development services for…

  • The Biotechnology Industry Organization (BIO) will be holding its Intellectual Property Counsels Committee (IPCC) Spring Conference & Meeting on April 19-21, 2010 in New Orleans, LA.  The semi-annual IPCC conference will once again be open to the public. The conference will offer presentations on the following topics: Tuesday, April 20: • Patent pools:  Navigating a…

  • March 22-23, 2010 – 4th Annual Patent Law Institute (Practising Law Institute) – San Francisco, CA March 24-25, 2010 – FDA Boot Camp*** (American Conference Institute) – New York, NY March 30, 2010 – "The Bilski Decision: Expert Strategies to Manage Its Impact on University IP" (Technology Transfer Tactics) – 1:00 – 2:30 PM (EST)…