Patent Law Weblog
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- Retired Judges File Amicus Brief in Support of Judge Newman
- Hikma v. Amarin at the Supreme Court: The Parties’ Opening Briefs
- Teva Pharmaceuticals International v. Eli Lilly & Co. (Fed. Cir. 2026)
- USPTO Extends Artificial Intelligence Search Automated Pilot Program (ASAP!)
- USPTO Announces That It Has Turned the Corner on Unexamined Application Backlog
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Month: September 2012
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The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Cross Winds in the Safe Harbor: Classen v. Biogen and Momenta v. Amphastar" on September 27, 2012 beginning at 1:00 pm (ET). A panel consisting of Paul Golian, Assistant General Counsel at Bristol-Myers Squibb Company; John Griem, Jr. of Loeb & Loeb, LLP;…
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American Conference Institute (ACI) will be holding its 17th annual Drug and Medical Device Litigation conference on December 3-5, 2012 in New York, NY. The conference will allow attendees to: • Assert a successful preemption defense and manage parallel plaintiff claims in a post-Mensing world;• Impeach witness credibility and dilute the plaintiff witness' opinion via…
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DuPont and the Widener University School of Law will be holding its 2012 Intellectual Property Continuing Legal Education Seminar on October 11, 2012 at The DuPont Country Club in Wilmington, Delaware. Among the presentations being offered at the seminar will be: • Featured speaker — David Kappos, Under Secretary of Commerce for Intellectual Property and…
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By Kevin E. Noonan — Presumptions (rebuttable or otherwise) are, intentionally, distortions in the law that have the effect of increasing the difficulty of proving a proposition. Their purpose is typically policy-motivated, to indicate a favored outcome that will not prevail only if the basis of the presumption (and the policy behind it) is not…
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By Ann Palma — About Court Report Supplement: Periodically, we will report on biotech and pharma cases that were inadvertently omitted from our Court Report column. Merck & CIE et al. v. Macoven Pharmaceuticals et al.6:12-cv-27; filed January 19, 2012 in the Eastern District of Texas • Plaintiffs: Merck & Cie; South Alabama Medical Science…
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By Donald Zuhn — Earlier this month, 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 (see "More on USPTO's Proposed New Fees"). The Office is currently seeking comments from the public regarding the proposed…
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By Kevin E. Noonan — Five years ago, the Supreme Court abrogated (in a footnote) the Federal Circuit's "reasonable apprehension of suit" standard governing when a plaintiff could bring a declaratory judgment suit against a patentee, typically for non-infringement and/or invalidity or unenforceability. The policy reason for the decision was reasonable, particularly for a Court…
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By Kevin E. Noonan — The In re K-Dur Antitrust Litigation case (formally, Louisiana Wholesale Drug Co. et al. v. Merck & Co. and Upsher-Smith Laboratories, Inc.) is significant because, for the first time in almost a decade, the Federal Trade Commission succeeded in convincing a U.S. Circuit Court of Appeals (here, the Third Circuit)…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Genetic Technologies Ltd. v. Genesis Genetics Institute, LLC2:12-cv-14080; filed September 13, 2012 in the Eastern District of Michigan Infringement of U.S. Patent No. 5,612,179 ("Intron Sequence Analysis Method for Detection of Adjacent Locus Alleles as…
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September 18, 2012 – New USPTO Rules for Post-Grant Proceedings (Strafford) – 1:00 – 2:30 pm (EDT) September 18, 2012 – Supplemental Examination: Rules and Strategy (Intellectual Property Owners Association ) – 2:00 – 3:00 pm September 19, 2012 – New Post Grant Proceeding Rules: Adjusting to the New Reality (Technology Transfer Tactics) – 1:00…
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