Gen-Probe Inc. announced today that the United States Court of Appeals for the Federal Circuit has affirmed the summary judgment in favor of Gen-Probe in the patent infringement lawsuit initiated by Enzo Biochem, Inc. The summary judgment was granted in July of 2004 by the U.S. District Court for the Southern District of New York. […]

In a preliminary ruling, the U.S. Patent and Trademark Office (USPTO) has issued a double-patenting rejection on a Genentech patent indicating that the patent, awarded in 2001, covered basically the same invention as an earlier Genentech patent that was set to expire next March. Genentech called the patent examiner’s action “a routine and expected next […]

Wherever you look these days, the biotech industry wants more incentives to lure startup companies to this or that state. Ohio, Michigan, Florida, Maryland, California, Wisconsin, Missouri. It seems it would be much easier to just ask which one or two states is not using one type of incentive package or another to get their […]

Dr. Bernard Fabre-Teste, a World Health Organization adviser, said the lack of low-cost AIDS drugs was “a key problem” for many developing countries and that countries facing severe HIV and AIDS epidemics should consider using domestic or international trade rules to circumvent patent laws on anti-retroviral drug therapies. Basically, he is referring to a World […]

Like me, I’m sure you are overwhelmed with too many email messages. In a large law firm, we get urgent, breaking-news kind of emails daily like “Does anyone know a good lawyer experienced in riparian rights in Punxsutawney, Pennsylvania?” or “Does anyone have the Pensky file in their office?” So, I’m use to deleting lots […]

Update on Our Earlier Story: France’s State Council, the highest court for administrative affairs, has found that the government’s plan to protect companies in strategic sectors from foreign takeovers may not comply with EU law. According to the council, EU member states may not limit the free circulation of capital among the union unless a […]

The USPTO has issued a set of final rules to implement the Cooperative Research and Technology Enhancement Act of 2004 (CREATE Act) that amended Section 103(c) of the Patent Act effective September 14, 2005. As we described in an earlier post, the purpose of the Act is to promote cooperative research, such as between a […]

I was going to write a Friday rant on Britney Spears’ new baby — the one she had with some guy I’ve never heard of — but then I realized how much I didn’t care. I decided instead to write about Renee Zellweger’s marriage — the one she had with some guy I’ve never heard […]