Month: October 2008

  •     By Christopher P. Singer — In a Notice published in the Federal Register (73 Fed. Reg. 47534) on Thursday, October 30, 2008, the U.S. Patent and Trademark Office published its burden and cost analysis for proposed continuing information collection relating to maintenance fee submissions, and requested comments to the proposed collection. The Office breaks…

  • The Intellectual Property Owners Association (IPO) has released a preliminary program for its 19th Annual Conference on U.S. Patent and Trademark Office Law and Practice (PTO Day) on December 1, 2008 in Washington, D.C.  The patent portion of the conference will address the following topics: • Accelerated Examination Practice• Design Patent Protection After the Egyptian…

  • Opposing Federal Circuit Preliminary Injunction Standards in Abbott Laboratories v. Sandoz     By Kevin E. Noonan — The decision of the Court of Appeals for the Federal Circuit in Abbott Laboratories v. Sandoz, affirming the District Court's grant of a preliminary injunction, nicely illustrates the way the Federal Circuit exercises its prerogatives in applying the…

  •     By Christopher P. Singer — In a memorandum dated October 20, 2008, the U.S. Patent and Trademark Office announced that it will expand the patent prosecution highway (PPH) pilot program to include the Danish Patent and Trademark Office (DKPTO).  The PPH program becomes effective on November 3, 2008 for a term of one year,…

  •     By Michael H. Baniak & Suresh B. Pillai — I.  INTRODUCTION Patent owners enjoy most of the same benefits, including the right to exclude and the freedom to contract, as the owners of other types of personal property.  Balanced with these ordinary rights, however, is Congress's concern that the property rights of the patent…

  • Opposing Federal Circuit Preliminary Injunction Standards in Abbott Laboratories v. Sandoz     By Kevin E. Noonan — The Court of Appeals for the Federal Circuit affirmed grant of a preliminary injunction in Abbott Laboratories v. Sandoz on October 21, and also affirmed the District Court's determination that the patents-in-suit were not rendered unenforceable by inequitable…

  •     By Kevin E. Noonan — The American Intellectual Property Lawyers Association (AIPLA) reported today that two of the pending U.S. Patent and Trademark Office rules packages, regarding changes in the rules governing Information Disclosure Statements ("the IDS rules") and claims encompassing multiple alternative embodiments ("the Markush rules") will not be published as final rules…

  •     By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring. Endo Pharmaceuticals Inc. et al. v. Barr Laboratories Inc.1:08-cv-00782; filed October 20, 2008 in the District Court of Delaware Infringement of U.S.…

  • October 28-29, 2008 – Pharma/Biotech IP Due Diligence*** (C5) – Amsterdam, Netherlands November 10-11, 2008 – Patent Litigation 2008 (Practising Law Institute) – Atlanta, GA November 11-13, 2008 – 4th Biosimilars conference (Visiongain) – Philadelphia, PA November 12-14, 2008 – Structuring, Negotiating and Managing Pharma/Biotech Collaborative Agreements (American Conference Institute) – New York, NY November…

  • American Conference Institute (ACI) will be holding its Advanced Forum on ITC Litigation from January 27-28, 2009 in Washington, DC.  The conference will offer insights into current trends and issues involved in an ITC action, including: • The fallout from the decision in Broadcomm v. Qualcomm;• Drafting the Exclusion Order, and working with enforcement agents…