Administrative Law, Civil Procedure, Science, Computers & Technology

Compounding Animal Drugs from Bulk Ingredients

by Duane Morris LLP on 4/17/2013

Recent public discussion about the federal role in regulating compounding pharmacies has focused on compounded drugs for human use. Compounded drugs are also vital to companion animal health (like pets). In the world of...more

Trade Secret Legislation May Increase Infringement Claims and Lead to a Private Right of Action

by Robert Parr, Armand Zottola | Venable LLP on 1/18/2013

Congress recently took new steps to protect trade secrets, which are generally defined as all forms or types of financial, business, scientific, technical, economic, or engineering information that the owner has taken...more

Australian Patent Term Extension: A “Long-Term” Battle

by Alexandra Angelatos, Tom Gumley | Freehills Patent Attorneys on 1/15/2013

If it was ever in doubt as to whether an application for an extension of a pharmaceutical patent term could be late filed after the due date, this recent decision would seem to have removed it, clarifying that late filing is...more

Stengel Tangles MDA Preemption: Ninth Circuit Decision Creates Split on Buckman Preemption of Post-Market Reporting Requirements

by Erin M. Bosman, Julie Y. Park, Joanna Simon | Morrison & Foerster LLP on 1/15/2013

Last week the Ninth Circuit created a new state-law cause of action against medical device manufacturers: “failure to warn the FDA.” The en banc opinion in Stengel v. Medtronic Inc., __ F.3d __, 2013 WL 106144, 13 C.D.O.S....more

USPTO Issues First Decision Instituting CBM

by Michelle Holoubek | Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/11/2013

On January 9, 2013, the Patent Trial and Appeal Board (PTAB) issued its first decision in a Covered Business Method Patent Review (CBM) proceeding, instituting the trial on all claims requested. The decision issued in...more

Supreme Court Denies Certiorari in Stem Cell Funding Case

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 1/8/2013

In an order issued earlier today, the Supreme Court denied certiorari in Sherley v. Sebelius, ending the efforts by two adult stem cell researchers to prevent the National Institutes of Health (NIH) from funding research...more

Court Report - January 7, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 1/7/2013

In This Issue: Life Technologies Corp. et al. v. Kappos et al.; Abbvie Biotechnology, Ltd. v. Kappos; Human Genome Sciences, Inc. v. Kappos; and Shionogi & Co., Ltd. v. Sandoz Inc. ...more

News from Abroad: Availability of Documents at the EPO -- EPO Board of Appeal Decision T1839/11

by McDonnell Boehnen Hulbert & Berghoff LLP on 1/7/2013

Originally published in Forresters on January 6, 2012. Background: The patent - NovozymesFollowing grant of a patent to Novozymes in November 2009, the patent was asserted in Denmark, Germany, the Netherlands...more

Upcoming Patent Law Changes Will Put Pressure on Patents

by John Griem, Jr. | Loeb & Loeb LLP on 1/2/2013

Originally published in Pharmaceutical Outsourcing’s website on December 2012. Patent law is changing rapidly. The changes are putting even greater pressure on patents as a tool for protecting a pharmaceutical or...more

Court Report - December 30, 2012

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 12/31/2012

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company v. Kappos et al. - 1:12-cv-01491; filed December 26, 2012 in the Eastern District of...more

Intellectual Property Newsletter - December 2012

by King & Spalding on 12/29/2012

In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more

“Are Human Genes Patentable?” The Supreme Court Grants Certiorari in Myriad

by Randy V. Clower | Phillips Lytle LLP on 12/20/2012

On November 30, 2012, the Supreme Court granted certiorari – in what portends to be one of the most impactful decisions in patent law history – to end the “gene patenting” debate, an issue that lower courts have measured over...more

Patent Watch: OSRAM Sylvania, Inc. v. Am. Induction Techs., Inc.

by Lawrence M. Sung | BakerHostetler on 12/18/2012

[W]e have emphatically rejected any formal burden-shifting framework in evaluating the four Graham factors [including the objective considerations of nonobviousness]. The district court's failure to consider the evidence...more

District Court Rejects Fraud-on-the-FDA Theory of False Claims Act Liability

by Ropes & Gray LLP on 12/3/2012

In an opinion that continues a welcome trend in False Claims Act cases, Judge Saylor of the United States District Court for the District of Massachusetts has dismissed a relator’s FCA complaint for failing to plead facts...more

Advantages Of Inter Partes Review In Hatch-Waxman Cases

by Sterne, Kessler, Goldstein & Fox P.L.L.C. on 11/30/2012

Originally published in Law360, New York on November 15, 2012. Signed into law by President Obama on Sept. 16, 2011, the America Invents Act represents the most sweeping changes to U.S. patent law in over 60 years....more

Novartis AG v. Kappos (D.D.C. 2012)

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 11/28/2012

In an opinion issued earlier this month, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Columbia determined that Novartis AG and Novartis Vaccines and Diagnostics, Inc. had not satisfied the 180-day...more

District Court Denies Equitable Tolling, Fifth Amendment Taking in Novartis Patent Term Adjustment Case

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 11/20/2012

In another significant Patent Term Adjustment (PTA) case decided last week (Novartis AG v. Kappos, Civ. Action No. 10-cv-1138 (Nov. 15, 2012)), the U.S. District Court for the District of Columbia found that Novartis could...more

News from Abroad: Progress for Single European Patent and Litigation System

by McDonnell Boehnen Hulbert & Berghoff LLP on 11/13/2012

Originally published in Forresters life sciences newsletter on November 10, 2012. Unitary European Patent - European Union (EU) FlagThe European Union (EU) Parliament is close to approving new regulations for a...more

U.S. Supreme Court Asked to Review Federal Funding of Human Embryonic Stem Cell Research

by Foley & Lardner LLP on 10/18/2012

On October 10, 2012, two pro-life groups petitioned the U.S. Supreme Court to review and reverse the U.S. Court of Appeals for the District of Columbia Circuit Court’s decision allowing the continued federal funding of...more

A Widening Circuit Split in the Interpretation of the Computer Fraud and Abuse Act

by White & Case LLP on 10/3/2012

Introduction - The Computer Fraud and Abuse Act (CFAA) criminalizes unauthorized access to a private computer system and allows for individuals suffering harm from such conduct to bring private civil actions for relief....more

District Court Stands by Patent Term Adjustment Tolling Decision

by Foley & Lardner LLP on 9/25/2012

In a decision issued September 20, 2012, in Bristol Meyers Squibb Co. v. Kappos, the U.S. District Court for the District of Columbia denied the USPTO’s motion for reconsideration of the court’s January 27, 2012 decision that...more

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Administrative Law › Civil Procedure › Science, Computers & Technology