News & Analysis as of

Pharmaceutical Industry Patent Reform

McDonnell Boehnen Hulbert & Berghoff LLP

Faux-Populist Patent Fantasies from The New York Times

On a spring Saturday in a year when three major holidays -- Easter, Passover, and Ramadan -- coincided or overlapped, The New York Times Editorial Board decided it was time to announce that the "United States Patent and...more

Womble Bond Dickinson

China Announces Long-Awaited—and Significant—Updates to Intellectual Property Protections

Womble Bond Dickinson on

For months, global patent practitioners have been expecting China to announce sweeping, significant changes to the nation’s system of intellectual property laws—and they were not disappointed. On Oct. 17, the Standing...more

Foley & Lardner LLP

The Senate Holds Hearings On The State Of Patent Eligibility In America

Foley & Lardner LLP on

Last week the Senate Judiciary Committee held two of three scheduled hearings on “The State of Patent Eligibility in America.” Many witnesses with prominent roles in the patent field testified in favor of legislative action...more

Fish & Richardson

Legislative Developments in Post-Grant Proceedings

Fish & Richardson on

Amidst a spate of high-profile IPR filings in the life sciences space by hedge fund financiers, the biotechnology industry has mobilized behind two chief legislative strategies designed to limit or eliminate its exposure to...more

King & Spalding

Outlook for Patent Reform in 2016

King & Spalding on

With the final session of the 114th Congress under way, the likelihood of Congress taking up and passing comprehensive patent litigation reform legislation becomes more and more remote. From a timing standpoint alone, the...more

McDonnell Boehnen Hulbert & Berghoff LLP

A Sea Change for IPRs? Late-Breaking Section 11 Regarding IPRs Part of the PATENT Act Approved by Senate Judiciary Committee

As reported here last week, the Senate Judiciary Committee passed the PATENT Act bill, with a Managers Amendment that includes several IPR-specific provisions. With this Amendment, the PATENT Act now has two major...more

Morrison & Foerster LLP

Patent Reform Heads to the Senate Floor

Yesterday, the Senate Judiciary Committee voted 16-4 to send an amended version of S. 1137, the Protecting American Talent and Entrepreneurship (PATENT) Act, to the full Senate for debate. The PATENT Act is this year’s...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senate Judiciary Committee Passes PATENT Act

The Senate Judiciary Committee passed the Protecting American Talent and Entrepreneurship Act (S. 1137, otherwise known as the PATENT Act) yesterday on a vote of 12-4, with Senators Grassley (R-IA), Hatch (R-UT), Sessions...more

McDonnell Boehnen Hulbert & Berghoff LLP

Group of National and State Organizations Asks Congress to Enact Legislative Reforms to Maintain Strong Patent System

Last month, more than 90 national and state advocacy organizations sent a letter to the leadership of the House and Senate Judiciary Committees, urging Congress to enact legislative reforms that will maintain a strong and...more

McDonnell Boehnen Hulbert & Berghoff LLP

House and Senate Bills Would Provide Incentive for Repurposing Old Biologics

Last month, Sen. Richard Blumenthal (D-CT) and Rep. Joaquin Castro (D-TX) introduced legislation in the Senate and House, respectively, that would extend the term of certain patents claiming a method of using a biological...more

McDonnell Boehnen Hulbert & Berghoff LLP

Stopping Bad Legislation -- The Innovation Alliance Speaks Out

On the day before the Senate Judiciary Committee is scheduled to take up S. 1720 (The Patent Transparency and Improvements Act), the Innovation Alliance delivered a letter to Chairman Leahy and Ranking Member Grassley...more

McDonnell Boehnen Hulbert & Berghoff LLP

SmartGene, Inc. v. Advanced Biological Laboratories, SA (Fed. Cir. 2014)

While non-precedential, this recent Federal Circuit decision further illustrates the Court's thinking with regard to the patent-eligibility of computer-implemented inventions under 35 U.S.C. § 101, and provides a reminder...more

McDonnell Boehnen Hulbert & Berghoff LLP

More Q&A from Webinar on Top Patent Law Stories of 2013

On Tuesday, we presented a live webinar on the "Top Patent Law Stories of 2013." The webinar covered ten of the fourteen stories that made it onto Patent Docs seventh annual list of top biotech/pharma patent stories. Posts...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Three Stories of 2013

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

McDonnell Boehnen Hulbert & Berghoff LLP

In Defense of Patenting

Fritz Machlup, an economist, once said that if we didn't have a patent system it would be irresponsible to recommend one, but since we have one, it would be irresponsible to abolish it. An Economic Review of the Patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

Foley & Lardner LLP

Applied Biosystems Seeks PTA for 2007 Patent

Foley & Lardner LLP on

On August 21, 2013, Life Technologies, Corp., Life Technologies, Ltd., Applied Biosystems LLC, and Molecular Probes, Inc. (collectively, “Plaintiffs”) brought suit in the U.S. District Court for the Eastern District of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013)

Enactment of the Leahy-Smith America Invents Act in 2011 focused the patenting community on the changes of U.S. patent law from "first to invent" under the 1952 Patent Act to "first inventor to file" under the AIA as the...more

Butler Snow LLP

Pro Te Solutio - Vol. 6 No. 1 February 2013

Butler Snow LLP on

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label...more

Foley & Lardner LLP

Does The Experimental Use Exception Survive The AIA?

Foley & Lardner LLP on

Now that the March 16, 2013 effective date of the first-to-file provisions of the Leahy-Smith America Invents Act (AIA) is fast-approaching, I have been reviewing the commentary in the USPTO’s February 14, 2013 Federal...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2013 Insights: Global Litigation

New legal ground is expected to be broken this year in areas of importance to companies and their directors, officers and executives. We see those developments coming from around the globe and defining the litigation...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2012: #12 to #15

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

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