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Indiana Governor Signs Biosimilar Substitution Bill

On March 25, Indiana Governor Mike Pence signed legislation (Senate Bill 262) that will allow pharmacists in Indiana to substitute an interchangeable biosimilar product for a prescribed biological product if certain...more

4/11/2014 - Biosimilars FDA Healthcare Patents Pharmaceutical Pharmacies Prescription Drugs

House and Senate Bills Would Provide Incentive for Repurposing Old Biologics

Last month, Sen. Richard Blumenthal (D-CT) and Rep. Joaquin Castro (D-TX) introduced legislation in the Senate and House, respectively, that would extend the term of certain patents claiming a method of using a biological...more

4/10/2014 - Biologics Patent Reform Patents Pharmaceutical

USPTO to Permit Delay in Meeting Certain Prioritized Examination Requirements

In an interim rule published in the Federal Register last week (79 Fed. Reg. 12386), the U.S. Patent and Trademark Office indicated that the time periods for meeting certain requirements for filing a request for Track I...more

3/13/2014 - Patent Examinations Patent Litigation Patents USPTO

White House Seeks to Promote Transparency Concerning Patent Ownership

Last week, the Obama Administration announced "major progress on a series of initiatives designed to combat patent trolls and further strengthen our patent system and foster innovation" (see "The White House Releases Update...more

2/25/2014 - Patent Ownership Patent Reform Patent Trolls Patents Transparency

Consumer Watchdog Replies to United States Brief on Standing Issue

In December, the Federal Circuit invited the United States to address the issue of whether Consumer Watchdog had Article III standing to pursue an appeal of a decision by the Board of Patent Appeals and Interferences...more

2/11/2014 - Article III Patent Trial and Appeal Board Patents Standing

United States Argues That Consumer Watchdog Lacks Standing to Appeal Board Decision on WARF Patent

In December, the Federal Circuit invited the United States to address the issue of whether Consumer Watchdog had Article III standing to pursue an appeal of a decision by the Board of Patent Appeals and Interferences...more

2/6/2014 - Article III Patents Standing

USPTO Proposes Rules Changes to Require Identification in Applications and Patents of Attributable Owners

Last week, the U.S. Patent and Trademark Office published a notice of proposed rulemaking in the Federal Register (79 Fed. Reg. 4105), in which the Office proposed changes to the rules of practice that it claimed would...more

1/29/2014 - Patent Applications Patent Ownership Patents USPTO

Biotech Venture Funding Rebounded in 2013 After Strong Fourth Quarter

Earlier this month, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for 2013. The report,...more

1/27/2014 - Biotechnology Patents Pharmaceutical Venture Capital

More Q&A from Webinar on Top Patent Law Stories of 2013

On Tuesday, we presented a live webinar on the "Top Patent Law Stories of 2013." The webinar covered ten of the fourteen stories that made it onto Patent Docs seventh annual list of top biotech/pharma patent stories. Posts...more

1/24/2014 - 23andMe America Invents Act AMP v Myriad Biotechnology Bowman v Monsanto FTC v Actavis Innovation Act Life Sciences Monsanto Myriad Patent Infringement Patent Litigation Patent Reform Patent Trolls Patents Pharmaceutical SCOTUS

Novartis AG v. Lee (Fed. Cir. 2014)

In an opinion issued earlier today, the Federal Circuit affirmed a determination by the District Court for the District of Columbia that challenges of patent term adjustment (PTA) determinations by the U.S. Patent and...more

1/16/2014 - Novartis Patent Litigation Patent Term Adjustment Patent Terms Patents

USPTO Releases Performance and Accountability Report for FY 2013

The U.S. Patent and Trademark Office recently released its Performance and Accountability Report for Fiscal Year (FY) 2013. As in last year's report, the most recent report notes that the Office's 2010-2015 Strategic Plan...more

1/10/2014 - Patent Applications Patents Transparency USPTO

NAI & IPO Release List of Top 100 Universities Receiving Patents in 2012

Last month, the National Academy of Inventors (NAI) and the Intellectual Property Owners Association (IPO) published a list of the top 100 worldwide universities that received the most U.S. utility patents in 2012. The...more

1/8/2014 - Intellectual Property Owners Association Inventors Patents USPTO

Top Three Stories of 2013

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

1/6/2014 - America Invents Act AMP v Myriad Biotechnology Bowman v Monsanto DNA First-to-File First-to-Invent Genetic Materials Genetically Engineered Seed Human Genes Inventors Monsanto Patent Infringement Patent Litigation Patent Reform Patents Pharmaceutical SCOTUS

Top Stories of 2013: #4 to #6

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

1/3/2014 - Actavis Inc. America Invents Act Computer-Related Inventions FTC FTC v Actavis Patent Law Treaty Patent-Eligible Subject Matter Patents Reverse Payment Settlement Agreements SCOTUS USPTO

Top Stories of 2013: #7 to #10

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

1/2/2014 - Ambry Biotechnology BRCA DNA Human Genes Life Sciences Myriad Patent Litigation Patents Pharmaceutical

Top Stories of 2013: #11 to #14

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

1/2/2014 - 23andMe Biosimilars Biotechnology BPCIA Medtronic v Boston Scientific Patents Pharmaceutical Unified Patent Court

USPTO Issues Memo On Changes Pertaining To Patent Law Treaty

Last week, we reported on changes to the rules of practice made pursuant to title II of the Patent Law Treaties Implementation Act of 2012 (PLTIA), which was enacted on December 18, 2012, and which amended U.S. Patent Law to...more

12/27/2013 - Examiners Foreign Patent Applications Patent Applications Patents PLTIA Provisional Applications Trademarks

USPTO Issues Final Rule to Implement Patent Law Treaty -- Changes Take Effect December 18

On October 21, the U.S. Patent and Trademark Office issued a final rule (78 Fed. Reg. 62368) revising the rules of practice pursuant to title II of the Patent Law Treaties Implementation Act of 2012 (PLTIA), which amends U.S....more

12/17/2013 - Patent Applications Patents PLTIA USPTO

Brookings Paper Calls for Technology Transfer Model Based on University Start-ups

A paper released by the Center for Technology Innovation at the Brookings Institution asserts that by relying on a technology transfer model based on patent licensing, only a few universities have been able to generate...more

12/13/2013 - Bayh-Dole Act Inventors Licenses Patents Startups Technology Technology Transfer Agreements Technology Transfer Organizations Universities

In re Eaton (Fed. Cir. 2013)

On November 22, the Federal Circuit reversed a determination by the Patent Trial and Appeal Board affirming the rejection of the claims 1, 8-11, and 14 of U.S. Application No. 11/145,716 as anticipated by DE Patent No....more

12/3/2013 - Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Sanofi-Aventis v. Pfizer Inc. (Fed. Cir. 2013)

Last week, in Sanofi-Aventis v. Pfizer Inc., the Federal Circuit affirmed an award of priority to Pfizer by the Board of Patent Appeals and Interferences in an interference involving the cDNA for the human interleukin-13...more

11/15/2013 - DNA Genetic Materials Human Genes Patent Litigation Patent-Eligible Subject Matter Patents Pfizer

AstraZeneca LP v. Breath Ltd. (Fed. Cir. 2013)

In an appeal decided last month, the Federal Circuit reversed and remanded a decision of noninfringement by the District Court for the District of New Jersey with respect to U.S. Patent No. 7,524,834, and affirmed the...more

11/14/2013 - Infringement Obviousness Patent Infringement Patent Litigation Patents

Bioethicists "Urge Maximal Transparency" in Response to 23andMe Patent

Last week, we discussed a patent, recently issued to 23andMe, Inc., that has created some controversy. The patent, U.S. Patent No. 8,543,339, is directed to a system for identifying a preferred gamete donor from among the...more

10/15/2013 - 23andMe Biotechnology Ethics Genetic Testing Human Genes Patents

23andMe Patent Creates Controversy

A patent issued to 23andMe, Inc. last month has created some controversy, and in response, the biotech company, based in Mountain View, California, has posted its side of the story on the 23andMe blog. The patent, U.S....more

10/9/2013 - 23andMe Biotechnology DNA Genetic Materials Human Genes Patent-Eligible Subject Matter Patents

IPO White Paper Calls for Update to Patent Examination System

A white paper authored by two members of the Intellectual Property Owners Association (IPO) U.S. Patent Office Practice Committee argues that the current patent examination system "has run its course," and needs to be...more

9/26/2013 - Patent Examinations Patent Prosecution Patents USPTO

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