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
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
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
Last week, the U.S. Food and Drug Administration held a public hearing on the Draft Guidance on Biosimilar Development, where researchers, payors, patient and physician groups, and industry advocates provided their thoughts on…more
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
A survey on consumer perceptions regarding food technology indicates that many U.S. consumers have favorable opinions concerning the benefits offered by plant and animal biotechnology. The survey, which was commissioned by the…more
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
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
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
The U.S. Patent and Trademark Office announced today that it is implementing a pilot program to allow applicants to have an Information Disclosure Statement (IDS) considered after the issue fee has been paid and without having…more
The Federal Circuit reversed a finding of obviousness in Eurand Inc. v. Mylan Pharmaceuticals Inc. (under the caption In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation), taking the occasion to…more
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
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
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
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
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