Month: September 2012

  • By James C. Greenwood and John J. Castellani — How do we create success in an age of fierce competition and accelerating globalization?  America no longer has a lock on any industry or technology.  That is why it is important to do all we can to sustain America's global leadership in biopharmaceutical research and development which…

  • October 2, 2012 – Single Claim Restriction Requirements: The Interplay Between 35 USC § 112 and 35 USC § 121 (American Bar Association) – 12:00 – 1:30 pm (Eastern) October 4, 2012 – Myriad: The Gene Patent Fight Continues . . . (Technology Transfer Tactics) – 1:00 – 2:00 pm (Eastern) October 10-11, 2012 –…

  • American Conference Institute (ACI) will be holding its next Paragraph IV Disputes conference on December 4-5, 2012 in San Francisco, CA.  The conference will allow attendees to: • Navigate the evolving case law surrounding obvious-type double patenting and formulate litigation strategies based on prior art obviousness analysis;• Examine method of treatment claims in view of…

  • Strafford will be offering a webinar/teleconference entitled "Divided Patent Infringement: Protecting IP Rights — Strategies for Drafting and Prosecuting Claims and Allocating Liability" on October 30, 2012 from 1:00 – 2:30 pm (EDT).  Keith Jaasma of Patterson & Sheridan will provide guidance to counsel for businesses enforcing patent rights on handling divided infringement claims and…

  • By Kevin E. Noonan — Bayer Corp. and Bayer AG have filed an amicus brief in support of a grant of certiorari by the Supreme Court in the K-Dur case (In re K-Dur Antitrust Litigation).  Being a branded drug maker, it is no surprise that Bayer argues in its brief that the Third Circuit's decision…

  • By Kevin E. Noonan — The Pharmaceutical Research and Manufacturer's of America (PhRMA) have filed an amicus brief in support of a grant of certiorari by the Supreme Court in the K-Dur case (In re K-Dur Antitrust Litigation).  Not surprisingly, like the branded and generic drug makers, PhRMA argues that the Third Circuit's decision created…

  • By Kevin E. Noonan — Once again, it should come as no surprise that the American Civil Liberties Union (ACLU) and the Public Patent Foundation (PubPat) filed a petition for certiorari with the Supreme Court yesterday.  This time, three questions were presented: 1.  Are human genes patentable? 2.  Did the court of appeals err in upholding…

  • By Kevin E. Noonan — It is an occupational hazard for patent attorneys to be tempted to over-interpret Supreme Court and Federal Circuit opinions relating to certain areas of patent law or their applications to certain technologies.  This is particularly true with regard to the question of obviousness for biotechnology inventions, in the aftermath of…

  • By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases. Cubist Pharmaceuticals Inc. v. Hospira Inc.1:12-cv-01142; filed September 17, 2012 in the District Court of Delaware Infringement of U.S. Patent Nos. 6,468,967 ("Methods for Administration of Antibiotics," issued October 22, 2002), 6,852,689 (same title, issued…

  • September 24-25, 2012 – Biosimilars and Biobetters*** (SMi) – London, UK September 25-26, 2012 – EU Pharma Regulatory Law*** (C5) – Brussels, Belgium September 27, 2012 – Cross Winds in the Safe Harbor: Classen v. Biogen and Momenta v. Amphastar (Intellectual Property Owners Association) – 1:00 pm (ET) September 28, 2012 – Focus on Biologics…