Patent Law Weblog
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- 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?
- United States Files Statement of Interest in Patent Infringement Proceedings
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Month: March 2012
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Technology Transfer Tactics will be offering a webinar entitled "Moving From First to Invent to First to File: Understanding the Opportunities and Challenges" on April 26, 2012 from 1:00 – 2:00 pm (Eastern). Charles R. Macedo of Amster, Rothstein and Ebenstein, LLP will discuss the conversion to the new first-to-file system under the Leahy-Smith America…
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By Kevin E. Noonan — Biotech has met its Benson in the Court's Prometheus decision. Before considering what can be done, it is prudent to consider the implications of this decision (and the previous decade of Supreme Court decisions on patent law). It is now clear that the only patent law that matters is Supreme…
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By Kevin E. Noonan — In a decision he has waited six years to write (having dissented from the Court's decision not to decide similar issues in Laboratory Corp. v. Metabolite Labs., Inc. in 2006), Justice Breyer (and a unanimous Court) overturned the Federal Circuit's decision that diagnostic method claims are eligible for patenting under…
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By Donald Zuhn — Last week, in a letter sent to the Commissioner of the Food and Drug Administration, Margaret Hamburg, 55 members of Congress expressed support for a recent petition to require the labeling of genetically engineered foods. The petition, which was filed with the FDA by the Center for Food Safety (CFS) last October,…
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By Donald Zuhn — Following the Supreme Court's unanimous decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., issued earlier today, in which the Court reversed the Federal Circuit and found Prometheus' claims to be invalid for "effectively claim[ing] underlying laws of nature," few organizations have thus far decided to issue public statements regarding the…
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By Kwame Mensah — In an opinion published earlier today, the Supreme Court unanimously held that claims directed to the relationship between the concentrations of blood metabolites and response to a therapeutic drug in two patents owned by Prometheus Laboratories, Inc. were unpatentable, stating that they "effectively claim the underlying laws of nature themselves." This…
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By Donald Zuhn — The U.S. Patent and Trademark Office recently posted public comments it received regarding the table of patent fee changes the Office proposed in early February. The comments, submitted by the American Bar Association (ABA) Section of Intellectual Property Law, American Intellectual Property Law Association (AIPLA), Association of American Universities (AAU), Japan…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Bayer CropScience AG et al. v. Dow Agrosciences LLC1:12-cv-00256; filed March 2, 2012 in the District Court of Delaware • Plaintiffs: Bayer CropScience AG; Bayer SAS• Defendant: Dow Agrosciences LLC Infringement of U.S. Patent Nos.…
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March 20-21, 2012 – FDA Boot Camp*** (American Conference Institute) – New York, NY March 22, 2012 – The FDA's Guidance on Biosimilars: Understanding the Impact on Patent Prosecution and Litigation (Intellectual Property Owners Association) – 2:00 – 3:00 pm (ET) March 26-27, 2012 – PTO Procedures under the America Invents Act*** (American Conference Institute)…
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The Biotechnology Industry Organization (BIO) will be holding its Intellectual Property Counsels Committee (IPCC) Spring Conference & Meeting on April 16-18, 2012 in Austin, TX. The semi-annual IPCC conference will once again be open to the public. The conference will offer presentations on the following topics: Monday, April 16: • Putting The Pieces Together (Pre-Conference…
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