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Month: July 2012
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By Kevin E. Noonan — The Federal Circuit heard oral argument in Association for Molecular Pathology v. U.S. Patent and Trademark Office (the Myriad case) on Friday, and the cast of characters remained mostly the same. On the panel were Judge Lourie, Judge Bryson, and Judge Moore. Representing Myriad was Gregory Castanias from Jones Day,…
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By Donald Zuhn — Last week, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for the second quarter of 2012. The report, which is prepared by NVCA and PriceWaterhouseCoopers LLP using data from Thomson Reuters, indicates that venture…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Pharmaceuticals Corp. et al. v. Sun Pharmaceuticals Industries, Inc. et al.2:12-cv-04393; filed July 14, 2012 in the District Court of New Jersey • Plaintiffs: Novartis Pharmaceuticals Corp.; Novartis Corp.; Novartis AG• Defendants: Sun Pharmaceuticals…
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July 30-31, 2012 – Freedom to Operate*** (American Conference Institute) – Philadelphia, PA July 30 to August 1, 2012 – Intensive Patent Law Seminar (Chisum Patent Academy) – Seattle, WA August 2, 2012 – USPTO Post-Grant Proceedings: Meeting the New Requirements for Post-Grant and Inter Partes Reviews and Supplemental Examination (Strafford) – 1:00 – 2:30…
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By Kevin E. Noonan — Appellant Myriad Genetics (the real "target" in interest of the ACLU/PubPat lawsuit over isolated human DNA molecules) filed its Supplemental Brief pursuant to Federal Circuit order in the remand of AMP v. USPTO. Not surprisingly, the brief urges the Court to reaffirm its judgment that claims to isolated DNA molecules…
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By Andrew Williams — On April 30th, the Federal Circuit issued an Order in the Association for Molecular Pathology v. U.S. Patent and Trademark Office case vacating its July 29, 2011 opinion and reinstating the appeal. That Order was based on the Supreme Court's decision vacating the Federal Circuit's prior judgment and remanding the case…
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By Kevin E. Noonan — The Federal Trade Commission (FTC) has been on a mission over the past decade, to eradicate a practice it believes is anticompetitive. That practice relates to so-called "reverse payments" (also known as "pay-for-delay" arrangements, ala those who term non-practice entities "trolls") between innovator pharmaceutical companies and generic drugmakers in ANDA…
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By Andrew Williams — In addition to the various associations, academics, and interest groups that filed "supplemental" amici curiae briefs in Association for Molecular Pathology v. U.S. Patent and Trademark Office ("the Myriad case"), two briefs were filed by companies that would be directly negatively impacted if either "the isolated DNA claims [or the] method claim…
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By Donald Zuhn — Seven organizations of health care professionals argue in an amici brief filed in Association for Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") that Myriad's isolated DNA and cDNA claims, as well as claim 20 of U.S. Patent No. 5,747,282, are all invalid under 35 U.S.C. § 101. The organizations,…
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By Kevin E. Noonan — The Biotechnology Industry Organization (BIO), joined by the Association of University Technology Managers (AUTM) and the Coalition for 21st Century Medicine filed an amicus brief in support of Myriad (unlike many other amici on both sides of the issue, who wrote ostensibly "in support of neither party"). Authored by a…
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