Patent Law Weblog
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- Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (2026)
- Constellation Designs, LLC v. LG Electronics Inc. (Fed. Cir. 2026)
- Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2026)
- PTAB Reverses § 101 Rejection Where Examiner Failed to Follow the Office’s Own Guidance
- Collision Communications v. Samsung: What Good Did the Government’s Statement of Interest Do?
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Month: August 2010
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By Donald Zuhn — USPTO and ROSPATENT Begin Patent Prosecution Highway Pilot Program On Monday, the U.S. Patent and Trademark Office announced that it had agreed to partner with the Federal Service for Intellectual Property, Patents and Trademarks of the Russian Federation (ROSPATENT) in establishing a Patent Prosecution Highway (PPH) pilot program. As with other…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cephalon, Inc. et al. v. Apotex Corp. et al.1:10-cv-22997; filed August 19, 2010 in the Southern District of Florida • Plaintiffs: Cephalon Inc.; Cephalon France• Defendants: Apotex Corp.; Apotex Inc. Cephalon Inc. et al. v.…
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By James DeGiulio — Earlier this summer, U.S. Patent and Trademark Office Director David Kappos announced a proposal for a three-tiered patent prosecution regime that could be instituted in the Office (see "USPTO Director Announces New Examination Options"). The new regime will provide for an accelerated examination track, a standard (status quo) track, and a…
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By Kevin E. Noonan — Happy families are all alike; every unhappy family is unhappy in its own way.Leo Tolstoy, Anna Karenina, Chapter 1, first line The several amicus curiae briefs that have been filed in the en banc rehearing of Therasense, Inc. v. Becton, Dickinson & Co. bring this quote to mind, since none…
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By Donald Zuhn — In June, Myriad Genetics and ten Directors of the University of Utah Research Foundation filed a Notice of Appeal in Association for Molecular Pathology v. U.S. Patent and Trademark Office, seeking review of the decision by Judge Robert W. Sweet of the Southern District of New York granting partial summary judgment…
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August 25-26, 2010 – FDA Boot Camp*** (American Conference Institute) – San Francisco, CA August 26, 2010 – "The Future of Patenting in Biomedicine" (Technology Transfer Tactics) – 1:00 – 2:30 PM (EDT) September 1-2, 2010 – 7th Annual Pharmaceutical Law Summer School (IBC Legal) – London, UK September 7-9, 2010 – BioPatent Design (Pharma…
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The U.S. Patent and Trademark Office has announced the agenda for the next biotechnology/chemical/pharmaceutical (BCP) customer partnership meeting to be held on September 8, 2010. The proposed agenda is as follows: Morning Session • Greetings and Overview (10:00 – 10:15 am EDT): Jackie Stone, George Elliott, and Remy Yucel, Directors, Technology Center 1600 • Patent…
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By Kevin E. Noonan — Many of the amicus curiae briefs that have been filed in the en banc rehearing of Therasense, Inc. v. Becton, Dickinson & Co. have mentioned (if not bemoaned) the negative effects the Federal Circuit's inequitable conduct jurisprudence has had on the functioning of the U.S. Patent and Trademark Office. So…
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By James DeGiulio — Lilly's Patent for Strattera Found Invalid, Lilly Appeals to Federal Circuit Teva Pharmaceuticals USA, Mylan Pharmaceuticals, and Apotex successfully argued that Eli Lilly's patent for the ADHD drug Strattera (U.S. Patent No. 5,658,590) lacked utility, thus invalidating the '590 patent and opening the door for generic versions of the drug. Responding…
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By Donald Zuhn — In June, the U.S. Patent and Trademark Office published a notice in the Federal Register (75 Fed. Reg. 33584) seeking comments regarding a number of changes to current restriction practice that the Office is considering implementing (see "USPTO Requests Comments Regarding Proposed Changes to Restriction Practice"). Last week, the Intellectual Property…
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