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: November 2012
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By Donald Zuhn — Last month, the U.S. Patent and Trademark Office issued U.S. Patent No. 8,293,266, entitled "Paromomycin-supplemented feed stuff for turkey and use thereof for prophylaxis of histomoniasis, reduction of the horizontal spreading of histomoniasis, and for improved weight gain and feed conversion," to Huvepharma AD, a pharmaceutical company based in Sofia, Bulgaria. …
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By Kevin E. Noonan — The Federal Circuit made its first attempt to implement the Supreme Court's nearly opaque jurisprudence on the scope of patent eligibility for diagnostic method claims (as set forth in Mayo v. Prometheus) in PerkinElmer, Inc. v. Intema Ltd., decided today. (The Court's AMP v. Myriad case doesn't really count, as…
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When a generic pharmaceutical company seeks approval for a generic version of a reference product, it must necessarily perform certain tests on its product. If the product in question is patented, then obtaining the product (e.g., through importation or manufacture) in order to carry out those tests is technically an act of patent infringement. Historically,…
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By Donald Zuhn — Last week, the Supreme Court updated its docket for the Association for Molecular Pathology v. Myriad Genetics, Inc. case to indicate that it has been distributed for conference on November 30. In response to the Petition for a Writ of Certiorari filed in September by the Public Patent Foundation (PUBPAT) and…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. New England Biolabs, Inc. et al. v. Enzymatics, Inc.1:12-cv-12125; filed November 14, 2012 in the District Court of Massachusetts • Plaintiffs: New England Biolabs, Inc.; SomaLogic, Inc.; Gilead Sciences, Inc.• Defendant: Enzymatics, Inc. Infringement of…
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November 27, 2012 – Patents and the Written Description Requirement: Navigating Section 112 Disclosure Obligations and Withstanding Invalidity Challenges (Strafford) – 1:00 – 2:30 pm (EST) November 28-29, 2012 – Biotech Patents*** (American Conference Institute) – Boston, MA November 28-29, 2012 – Orphan Drugs and Rare Diseases*** (American Conference Institute) – Boston, MA December 3-5,…
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McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar entitled "Saving the Best for Last: Top 10 Things In-House Counsel Need to Do to Prepare for the AIA's March 2013 Deadline" on December 12, 2012 from 10:00 am to 11:15 am (CT). Grantland Drutchas and Patent Docs author Dr. Donald Zuhn will…
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The Chisum Patent Academy will be offering its next Intensive Patent Law Seminar from February 20-22, 2013 in New York City (Midtown Manhattan). The three-day seminar will focus in great depth on two timely and controversial patent law topics: patent claim interpretation and active inducement (particularly in the context of multi-actor method claims). The seminar…
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By Donald Zuhn — The Biotechnology Industry Organization (BIO) and American Seed Trade Association (ASTA) announced today that the Generic Event Marketability and Access Agreement (GEMAA) has received four signatories, and as a result is now effective. The GEMAA is one of two agreements — the Data Use and Compensation Agreement (DUCA) being the other…
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By Donald Zuhn — In September, the U.S. Patent and Trademark Office published a notice of proposed rulemaking in the Federal Register (77 Fed. Reg. 55028) presenting its proposal for setting and adjusting patent fees. According to the notice, the Office's proposal would set or adjust 352 patent fees. Given that the notice was one…
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