News & Analysis as of

Court Report -- December 22, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Alcon Research Ltd. v. Wockhardt Ltd. et al. 1:13-cv-02040; filed December 19, 2013 in the District Court of...more

The Futility of Petitioning Congress (After the Fix Is In): Stakeholders Tell Judiciary Committee What's Wrong with Goodlatte Bill...

What everybody doesn't seem to know is how to get Congress to listen to the needs of the innovation community when well-heeled sectors put their lobbying and financial support in favor of legislation purportedly aimed at...more

SkinMedica, Inc. v. Histogen Inc. (Fed. Cir. 2013)

On August 23, in SkinMedica, Inc. v. Histogen Inc., the Federal Circuit determined that the District Court for the Southern District of California did not err in construing the phrase "culturing . . . cells in...more

Organic Seed Growers & Trade Ass'n v. Monsanto Co. (Fed. Cir. 2013)

Somewhat lost in the hubbub over the Supreme Court's ruling in AMP v. Myriad was the Federal Circuit's decision, just a few days earlier, in Organic Seed Growers & Trade Ass'n v. Monsanto Co. That case is the latest windmill...more

Will the Supreme Court Limit Nanotech Patents?

In a case styled The Association for Molecular Pathology v. Myriad Genetics, the Supreme Court is confronting the question of whether or not human genes are patent eligible under 35 U.S.C. 101. A decision is expected in the...more

Court Report -- June 02, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Takeda Pharmaceutical Co. et al. v. Impax Laboratories, Inc. 3:13-cv-02416; filed May 29, 2013 in the Northern District...more

Bowman v. Monsanto: Self-Replicating Biotech and Software Left at the Alter?

Today, in a case having the potential to upset the agricultural biotech industry, Justice Elena Kagan delivered the U.S. Supreme Court’s unanimous decision rejecting farmer Vernon Hugh Bowman’s patent exhaustion defense....more

Legal Alert: Monsanto Ruling Protects Innovators of Self-Replicating Biotechnology

On May 13, 2013, a unanimous U.S. Supreme Court held in Monsan to v. Bowman that the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds for planting and harvesting without the patent holder's...more

Court Report -- April 22, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. - Depomed, Inc. v. Endo Pharmaceuticals Inc. 3:13-cv-02467; filed April 17, 2013 in the District Court of New Jersey:...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1: Federal Courts Debate Safe...

Patent protection is a critical driver of value for the biotech industry. One of the unique aspects of biotech patents, however, is that many otherwise infringing activities are exempt from claims of patent infringement when...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1

In This Issue: Federal Courts Debate Safe Harbor Exemption for Patent Infringement Under 35 U.S.C. § 271(e) Following Merck v. Integra; If I Prioritize Examination of My Application, Should the Patent Office?;...more

Court Report -- February 16, 2013

In This Issue: Enzo Life Sciences Inc. v. Abbott Laboratories et al. and Sucampo AG et al. v. Anchen Pharmaceuticals Inc. et al....more

It Ain't Necessarily So Down on the Farm: Not All Farmers Agree with Farmer Bowman in Bowman v. Monsanto

The "conventional wisdom" surrounding the Bowman v. Monsanto case now before the Supreme Court on certiorari is that it is "David v. Goliath," the salt-of-the-earth farmer versus the corporate monolith, and an example of the...more

IPO Files Amicus Brief in Support of Respondents in Bowman v. Monsanto

In an amicus brief filed in support of respondents Monsanto Co. et al. late last week, the Intellectual Property Owners Association (IPO) urges the Supreme Court to find that the petitioner's replanting of commodity seed was...more

Court Report -- January 20, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cadence Pharmaceuticals, Inc. et al. v. Fresenius Kabi USA, LLC - 3:13-cv-00139; filed January 17, 2013 in the...more

Top Stories of 2012: #4 to #7

Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that...more

Court Report - December 16, 2012

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Astellas US LLC et al. v. Fresenius Kabi USA LLC - 1:12-cv-01699; filed December 12, 2012 in the District Court of...more

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