Patent Term Adjustment

Things to Know About the Latest Final Interim Rules to Patent Term Adjustment

by Alex Chan | Sheppard Mullin Richter & Hampton LLP on 4/12/2013

On April 1, 2013, the U.S. Patent and Trademark Office (USPTO) published interim final rules revising several patent term adjustment (PTA) provisions in view of the AIA Technical Corrections Act of January 14, 2013. 78 Fed....more

Key Recommendations From The Australian Pharmaceutical Patents Review

by Carol Burnton, James Cherry | Freehills Patent Attorneys on 4/11/2013

The Australian Government has continued with the trend of reviewing Australian patent law by commissioning a review of laws relating to patents for medicines ie pharmaceutical patents. The Pharmaceutical Patents Review Panel...more

The AIA Technical Corrections Act Changes How Patent Term Adjustment is Calculated and Challenged

by Alexandra Cavazos, Janet Xiao | Morrison & Foerster LLP on 4/10/2013

On April 1, 2013, the USPTO published an interim final rule implementing various provisions of the AIA Technical Corrections Act (“AIA TCA”). This new legislation and its implementing regulations significantly alter how...more

Court Report -- April 07, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 4/8/2013

In This Issue: Novartis Pharmaceuticals Corp. et al. v. Noven Pharmaceuticals Inc. et al.; Purdue Pharmaceutical Products L.P. et al. v. Dr. Reddy's Laboratories, Inc. et al.; Taro Pharmaceuticals North America, Inc....more

USPTO Issues Rules to Implement AIA Technical Corrections

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 4/4/2013

In the past week, the U.S. Patent and Trademark Office has published two Federal Register notices to implement technical corrections to the Leahy-Smith America Invents Act. On Monday, the Office issued an interim final rule...more

USPTO Implements Significant Patent Term Adjustment Changes Pursuant to the AIA Technical Corrections Act

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 4/2/2013

On April 1, 2013, the USPTO published an “interim final rule” relating to Patent Term Adjustment (PTA), to implement changes to the PTA statute embodied in the AIA Technical Corrections Act. Although the rule changes have an...more

A Look at the Technical Amendments to the America Invents Act (AIA) Made by HR 6621

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 2/7/2013

On January 14, 2013, President Obama signed HR 6621 into law. The title of HR 6621 is “To correct and improve certain provisions of the Leahy-Smith America Invents Act,” but it also makes changes to other provisions of U.S....more

IP Buzz - Janaury 2013

by William Coston, Robert P. Davis, Matthew R. Farley, Ryan M. Flandro, Jeffri Kaminski, Robert Kinberg, Fabian M. Koenigbauer, Jonathan L. Pompan, Andrew D. Price, Michael A. Sartori, Ph.D., more +Janet F. Satterthwaite, Damon Wright | Venable LLP on 1/31/2013

In this issue: - The Patent-Antitrust Interface: Are There Any No-No's Today? - The U.S. First-to-File Patent System Takes Effect March 16, 2013 - An Overview of the Key Substantive Changes Implemented by the...more

An Overview of the Key Substantive Changes Implemented by the Recently Enacted Amendments to the Leahy-Smith America Invents Act...

by Robert Kinberg, Fabian M. Koenigbauer | Venable LLP on 1/30/2013

On January 14, 2013, H.R. 6621, entitled “An Act to correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code,” was signed into law. H.R. 6621 not only corrects clerical...more

Exelixis Revisited: Conflict in Determining Patent Term Adjustment

by Matthew R. Farley, Fabian M. Koenigbauer, Damon Wright | Venable LLP on 1/30/2013

On January 28, 2013, the U.S. District Court for the Eastern District of Virginia issued a decision in Exelixis, Inc. v. Kappos (Case No. 1:12-cv-00574-LMB-TRJ), holding that the U.S. Patent and Trademark Office (“PTO”) has...more

New Patent Fees Finalized

by Scott Chambers, B. Dell Chism, Richard Oparil | Patton Boggs LLP on 1/29/2013

The U.S. Patent and Trademark Office (PTO) has finalized new fees to take effect in March 2013. The PTO believes these fees will aid in reducing pendency of patent applications within the agency. The PTO is relying on...more

Maximizing Patent Term Adjusment Under Exelixis

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 1/24/2013

A number of Patent Term Adjustment (PTA) cases have been filed in the U.S. District Court for the Eastern District of Virginia since the November 1, 2012 decision in Exelixis, Inc. v. Kappos. While most have presented...more

Court Report -- January 20, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 1/21/2013

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

A Major Change in Patent Term Adjustment Calculus on Appeal to the Federal Circuit: Steps Applicants May Need to Consider to...

by Ryan M. Flandro, Fabian M. Koenigbauer, Damon Wright | Venable LLP on 1/17/2013

On November 1, 2012, Judge T.S. Ellis of the U.S. District Court for the Eastern District of Virginia decided Exelixis, Inc. v. Kappos (Case No. 1:12-cv-00096). Ruling against the U.S. Patent & Trademark Office (USPTO),...more

AIA Technical Corrections Bill Signed Into Law

by MIchele Cimbala, Jeremiah Frueauf | Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/16/2013

President Obama signed into law H.R. 6621 on January 14, 2013, enacting a number of technical corrections to the Leahy-Smith America Invents Act and title 35, United States Code. In addition to correcting a number of...more

Court Report -- January 13, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 1/14/2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Allergan, Inc. v. Apotex Inc et al. - 1:13-cv-00016; filed January 8, 2013 in the Middle District of North...more

Federal Circuit May Have More To Say On Patent Term Adjustment (PTA) As USPTO Appeals Exelixis v. Kappos

by Womble Carlyle Sandridge & Rice, PLLC on 1/14/2013

Executive Summary: Three years removed from the Federal Circuit’s decision in Wyeth v. Kappos, patentees are seeking additional extensions of patent term based on the recent decision issued in Exelixis v. Kappos, which could...more

USPTO Extends Missing Parts Pilot Program Again

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 1/11/2013

In a Federal Register notice published earlier today (78 Fed. Reg. 2256), the U.S. Patent and Trademark Office announced that the Extended Missing Parts Pilot Program that was implemented two years ago would be extended for...more

House, Senate Pass Changes to America Invents Act and Patent Term Adjustment

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 1/8/2013

The Senate has passed a modified version of HR 6621, which focuses on changes “[t]o correct and improve certain provisions of the Leahy-Smith America Invents Act” and also includes other provisions unrelated to the AIA, such...more

Congress Approves Patent "Corrections and Improvements" Act, President's Signature Expected Shortly

by Andrew S. Baluch | Foley & Lardner LLP on 1/7/2013

On January 1, 2013, a bill (H.R. 6621) cleared both houses of Congress to “correct and improve certain provisions” in the Leahy-Smith America Invents Act of 2011 (AIA) and in other parts the Patent Act....more

America Invents Act Updates Take Final Form

by Anders Aannestad, Kate McElhone, Cary Miller | Morrison & Foerster LLP on 1/5/2013

In a last-minute decision for the 112th Congress, the House of Representatives approved an America Invents Act (AIA) technical-revisions bill as amended by the Senate (H.R. 6621) on January 1, 2013. President Obama is...more

USPTO Appeals Exelixis Patent Term Adjustment Decision

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 1/5/2013

As expected, the USPTO has filed a Notice of Appeal in the Exelixis patent term adjustment (PTA) case....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

Court Report - December 23, 2012

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 12/24/2012

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Bayer Pharma AG et al. v. Watson Pharmaceuticals Inc. et al. 1:12-cv-01726; filed December 18, 2012 in the District...more

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