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McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Posts Comments on Genetic Diagnostic Testing

As part of its efforts to implement the Leahy-Smith America Invents Act, the U.S. Patent and Trademark Office issued a Federal Register notice (77 Fed. Reg. 3748) earlier this year indicating that the Office had begun to collect…more

| Administrative Law, Intellectual Property, Science, Computers, &...

USPTO to Raise Patent Fees A Bit More

Last week, the U.S. Patent and Trademark Office published a notice if the Federal Register (77 Fed. Reg. 28331) proposing another increase in patent fees. The newly proposed adjustment in fees, which would go into effect on…more

| Administrative Law, Intellectual Property

Court Report - May 21, 2012

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Orion Corp. v. Mylan Pharmaceuticals Inc. 1:12-cv-00523; filed April 26, 2012 in the District Court of…more

| Civil Procedure, Intellectual Property, Science, Computers, & Technology

FDA Holds Public Hearing on Biosimilar Draft Guidance

Last week, the U.S. Food and Drug Administration held a public hearing on the Draft Guidance on Biosimilar Development, where researchers, payors, patient and physician groups, and industry advocates provided their thoughts on…more

| Administrative Law, Science, Computers, & Technology

In re Baxter International, Inc. (Fed. Cir. 2012)

In a dissent from the Federal Circuit's affirmance of a Board determination of obviousness, Judge Newman raises a jurisdictional and separation-of-powers argument in In re Baxter International, Inc. that is destined to be…more

| Administrative Law, Civil Procedure, Constitutional Law, Intellectual...

USPTO Seeks Comments on New Sequence Listing Standard

The U.S. Patent and Trademark Office published a notice published in today's Federal Register (77 Fed. Reg. 28541) seeking comments regarding an international effort to revise the standard for Sequence Listing submissions. The…more

| Administrative Law, Intellectual Property, International Law & Trade,...

In re Montgomery (Fed. Cir. 2012)

In an otherwise unremarkable case of a PTO rejection based on anticipation, Judges Dyk and Lourie engaged in an interesting colloquy on the proper interpretation of what constitutes inherent anticipation, in In re Montgomery. …more

| Administrative Law, Civil Procedure, Intellectual Property, Science,...

Court Report - May 13, 2012

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Esoterix Genetic Laboratories, LLC v. Life Technologies Corp. et al. 1:12-cv-00411; filed April 26, 2012 in the Middle…more

| Intellectual Property, Science, Computers, & Technology

Otsuka Pharmaceutical Co. v. Sandoz, Inc. (Fed. Cir. 2012)

On Monday, in Otsuka Pharmaceutical Co. v. Sandoz, Inc., the Federal Circuit clarified the differences between obviousness and obviousness-type double patenting for a chemical composition-of-matter invention. Specifically, a…more

| Civil Procedure, Intellectual Property, Science, Computers, & Technology

In re Mousa (Fed. Cir. 2012)

Last month, in In re Mousa, the Federal Circuit affirmed a decision by Board of Patent Appeals and Interferences sustaining the invalidity of U.S. Application No. 10/667,216 for anticipation and obviousness. The '216…more

| Administrative Law, Civil Procedure, Intellectual Property, Science,...

Court Report - May 6, 2012

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Enzo Life Sciences Inc. v. Siemens Healthcare Diagnostics Inc. 1:12-cv-00505; filed April 20, 2012 in the District Court of…more

| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Biotech Venture Funding Drops 43% in First Quarter

Last 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 the first quarter of 2012. The…more

| Business Organizations, Finance & Banking, Science, Computers, &...

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