Patent Law Weblog
recent posts
- 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: October 2012
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By Kevin E. Noonan — Earlier this month, the Supreme Court granted certiorari in Monsanto v. Bowman, against the advice of the U.S. Solicitor General (whose views the Court had solicited). While it isn't unheard of for the Court to disregard the Solicitor General's views (including famously in Laboratory Corp. v. Metabolite Labs., Inc. ("LabCorp")…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eisai R & D Management Co., Ltd. v. Honorable David J. Kappos1:12-cv-01138; filed October 12, 2012 in the Eastern District of Virginia Review and correction of the patent term adjustment calculation made by the U.S.…
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October 22-23, 2012 – Tech Transfer Summit North America*** (Tech Transfer Summit Ltd.) – John Hopkins University, Montgomery County, MD October 23, 2012 – Biosimilars: Draft FDA Guidance and Emerging Legal Challenges (Strafford) – 1:00 – 2:30 pm (EDT) October 24-25, 2012 – FDA Boot Camp Devices Edition*** (American Conference Institute) – Chicago, IL October…
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The Biotechnology Industry Organization (BIO) will be holding its 2012 Fall Intellectual Property Counsels Committee (IPCC) Conference on November 12-14, 2012 in Charleston, SC. The semi-annual IPCC conference will once again be open to the public. The conference will offer presentations on the following topics: Monday, November 12: • Picking the Best Tools From Your…
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By Kevin E. Noonan — The Federal Trade Commission, in an attempt to extend the scope of its signal (and sole) victory in its crusade against reverse payment settlement agreements in ANDA cases, In re K-Dur Antitrust Litigation, has moved for leave to file an amicus brief in another case in a district court in the…
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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. Natural Alternatives Int'l, Inc. v. BPI Sports Holdings, LLC4:12-cv-198; filed January 20, 2012 in the Southern District of Texas • Plaintiff: Natural Alternatives International, Inc.• Defendant: BPI Sports Holdings,…
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By Donald Zuhn — Since implementing its first Patent Prosecution Highway (PPH) program with the Japan Patent Office (JPO) in 2006, the U.S. Patent and Trademark Office has established close to forty PPH programs with more than twenty other patent offices. Earlier this month, the USPTO increased the number of PPH programs (full or pilot)…
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By Kevin E. Noonan — Reinvigorated by its triumph in convincing a three-judge panel of the Third Circuit to adopt its view that reverse payment settlement agreements in ANDA cases are presumptively illegal (in the K-Dur case, In re K-Dur Antitrust Litigation, which was a relaxation of the Commission's former position that such agreements were…
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By Andrew Williams — Last week, in Hoffmann-La Roche Inc. v. Apotex Inc., the Federal Circuit affirmed the denial of a request for a preliminary injunction from the U.S. District Court for the District of New Jersey related to the sale of Roche's osteoporosis drug Boniva®. The lower court had found that Roche failed to…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Avanir Pharmaceuticals Inc. v. Impax Laboratories Inc.1:12-cv-01298; filed October 8, 2012 in the District Court of Delaware Infringement of U.S. Patent No. 8,227,484 ("Pharmaceutical Compositions Comprising Dextromethorphan and Quinidine for the Treatment of Neurological Disorder,"…
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