Patent Docs

USPTO News Briefs

2012-01-26T23:56:39-06:00

By Donald Zuhn -- USPTO Schedules Hearings and Seeks Comments on Genetic Diagnostic Testing In a press release and corresponding notice in Wednesday's Federal Register (77 Fed. Reg. 3748), the U.S. Patent and Trademark Office announced that it would begin gathering information on independent second opinion genetic diagnostic testing where patents and exclusive licenses exist that cover primary genetic diagnostic tests. The Office is collecting such information in order to prepare a report to the Committee of the Judiciary for both the Senate and House pursuant to § 27 of the Leahy-Smith America Invents Act. As part of the information...

Streck, Inc. v. Research & Diagnostic Systems, Inc. (Fed. Cir. 2012)

2012-01-25T23:00:30-06:00

By Andrew Williams -- In a sequel of sorts to the hugely popular Streck, Inc. v. Research & Diagnostic Systems, Inc. (Fed. Cir. 2011), the Federal Circuit released Streck II (Streck, Inc. v. Research & Diagnostic Systems, Inc. (Fed. Cir. 2012)) earlier this month. Not to be upstaged by the original, this ambitious follow-up leaves the priority determination behind, and instead focuses on the infringement proceeding appeal. Notably, Streck II clocks in at over twice the length of its predecessor. However, if you have ever asked yourself whether a counterclaimant could maintain the full scope of a declaratory judgment challenge...

The Medicines Company to Get Patent Term Extension

2012-01-24T23:55:27-06:00

By Kevin E. Noonan -- One of the longest patent law sagas has apparently reached an end. As announced by The Medicines Company (MDCO) today, the drug developer has reached a settlement of litigation with APP Pharmaceuticals over Angiomax® (bivalirudin). Most important for MDCO, the settlement dismisses APP's appeal of the denial of its motion to intervene in MDCO’s mandamus action against the PTO's decision denying patent term extension for its patent relating to Angiomax®, the last obstacle to MDCO obtaining patent term extention for its U.S. Patent No. 5,196,404. The tale has been often told on the circumstances surrounding...

USPTO Issues Memo on Use of Non-Patent Literature During Examination

2012-01-23T23:59:00-06:00

By Donald Zuhn -- Last week, the Office of the General Counsel for the U.S. Patent and Trademark Office issued a memorandum in response to several inquiries the Office has received concerning copyright infringement and the use of non-patent literature (NPL) in the examination process. The memo, which was sent by USPTO General Counsel Bernard Knight, Jr., discusses the application of the fair use doctrine to the use of NPL during examination. The memo begins by stating three issues involving the use of NPL: 1. Whether it is fair use for the USPTO to make copies of copyrighted non-patent literature...

Court Report

2012-01-22T23:59:00-06:00

By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Alnylam Pharmaceuticals, Inc. et al. V. Tekmira Pharmaceuticals Corp. 1:12-cv-10087; filed January 17, 2012 in the District Court of Massachusetts • Plaintiffs: Alnylam Pharmaceuticals, Inc.; Isis Pharmaceuticals Inc. • Defendant: Tekmira Pharmaceuticals Corp. Infringement of U.S. Patent Nos. 7,695,902 ("Oligoribonucleotides and Ribonucleases for Cleaving RNA," issued April 13, 2010), 6,858,225 ("Lipid-Encapsulated Polyanionic Nucleic Acid," issued February 22, 2005), 6,815,432 ("Methods for Encapsulating Plasmids in Lipid Bilayers," issued November 9, 2004), 6,534,484 (same title, issued March 18, 2003), 6,586,410 ("Lipid-Nucleic Acid...

Conference & CLE Calendar

2012-01-22T23:51:35-06:00

January 25-26, 2012 - Biosimilars Forum 2012 (C5) - London, UK January 26, 2012 - Life Under AIA: Anticipating and Surviving Post Grant Challenges (Technology Transfer Tactics) - 1:00 - 2:00 pm (Eastern) January 31, 2012 - Obviousness Standard for Patents: Approaches to Withstand USPTO Obviousness Rejections and Attacks on Patent Validity (Strafford) - 1:00 - 2:30 pm (EST) January 31 - February 1, 2012 - Patent Reform for Life Sciences Companies*** (American Conference Institute) - New York, NY January 31 - February 1, 2012 - Pharma & Biotech Patent Litigation (C5) - Amsterdam, The Netherlands February 8, 2012 -...

27th Annual Intellectual Property Law Conference

2012-01-20T23:12:06-06:00

The American Bar Association (ABA) Section of Intellectual Property Law will be holding the 27th Annual Intellectual Property Law Conference on March 28-30, 2012 in Arlington, VA. Among the topics that will be covered at the conference are: • Recent developments in patent term adjustments and extensions; • Abstract reasoning -- Recent developments in the law of patentable subject matter under 35 U.S.C. § 101; • E-discovery in patent litigation -- A model order to quiet the tail that wags the dog; • Understanding the America Invents Act -- A sweeping change of U.S. patent practice before the United States...

Corporate Intellectual Property Law Conference

2012-01-20T23:08:00-06:00

The Law Bulletin Publishing Company will be holding its 7th annual Corporate Intellectual Property Law Conference on February 8, 2012 in Chicago, IL. Among the topics to be addressed at the conference will be: • Views from the USPTO • Venue issues under AIA • Update from the federal courts • Revised MPEP's effect on budget and employees • OED & ARDC on IP lawyer misconduct • Post-grant review and supplemental examination • Life after Therasense Speakers will include: • Hon. James Holderman, Chief Judge, U.S. District Court for the North District of Illinois • Bruce Kisliuk, Assistant Deputy Commissioner...

Worldwide Patent Filings and Grants on the Rise

2012-01-19T23:59:00-06:00

By Donald Zuhn -- On Tuesday, the European Patent Office announced that it received 243,000 applications in 2011, which constituted a 3% increase from the 237,500 applications the EPO received in 2010. The EPO granted 62,115 patents, which was 7% more than the number of patent grants in 2010. With regard to the geographic origin of filings, the EPO noted that EP filings from China rose from 5% of all filings to 7%, filings from Japan rose from 18% of all filings to 19%, and filings from the U.S. fell from 26% of all filings to 24%. The Top 10...

USPTO News Briefs

2012-01-18T23:59:00-06:00

By Donald Zuhn -- USPTO Selects Site of Detroit Satellite Office In a press release issued earlier this month, the U.S. Patent and Trademark Office announced that it had entered into a five-year lease agreement on a 31,000 square foot space at 300 River Place Drive in Detroit, where the Elijah J. McCoy USPTO will be located. The Detroit satellite office was so designated pursuant to § 24 of the Leahy-Smith America Invents Act (see "USPTO News Briefs," December 15, 2011). According to the announcement, the Office intends to open the Detroit satellite office no later than July 2012, and...