FedCirc.us, the new, new thing from the RethinkIP guys (Matt/Doug/Steve), has announced their latest creation, The Resolution. It’s a quarterly magazine, The FedCirc.us Reader, and the first issue is available as a free preview issue (Download the .pdf here). I took a look at this item thinking it would be a nice, little four-pager with a […]

The Court of Appeals for the Federal Circuit held that whether broadened claims are invalidated by the recapture rule is an issue separate from construction. (MBO Laboratories v. Becton, Dickinson & Company; 06-1062).  In this case, MBO appealled a summary judgment of noninfringement of U.S. Patent No. RE 36,885 based on the district court’s claim […]

The Court of Appeals for the Federal Circuit upheld the ruling of a federal court that its generic version of painkiller Ultracet does not infringe upon Ortho-McNeil’s patent. (Ortho-McNeil Pharmaceutical, Inc. v. Caraco Pharmaceutical Laboratories; 06-1102).  Caraco’s Abbreviated New Drug Application was to make and sell a pharmaceutical composition containing tramadol and acetaminophen with an […]

The Court of Appeals for the Federal Circuit poked another hole in the state immunity shield that that public universities and other state entities use to protect themselves from lawsuits in federal court. (Vas-Cath, Inc. v. , University of Missouri; 06-1100).After Vas-Cath, Inc. had appealed the dismissal of its appeal of the decision of the USPTO […]

On Friday, the U.S. Court of Appeals for the Federal Circuit denied a petition to rehear by Apotex asking the Federal Circuit to reconsider a ruling that Apotex is barred from selling its generic version of the anticlotting drug Plavix while Apotex continues its five-year patent lawsuit with Sanofi-Aventis. The trial began this week with […]

Executive summary This bench trial addresses patent validity and enforceability issues different from those considered in the jury trial. Lilly contends that the asserted claims of US 6,410,516 are invalid for including non-statutory subject matter, for being obtained through inequitable conduct, and are unenforceable due to prosecution laches. Lilly argues, and of course Ariad disputes, […]

A recent article in The Scientist criticized the results from university technology transfer offices (TTOs). The article points to researchers who have discoveries that they believe have commercial promise but who run into “a proverbial brick wall” with the TTO. One researcher said “the TTO failed to recognize the potential value, balked at the cost […]

The U.S. Federal Trade Commission’s Bureau of Competition issued a summary of agreements filed with the Commission in fiscal year 2006 by generic and branded drug manufacturers. The Medicare Prescription Drug, Improvement, and Modernization Act (MMA) of 2003 requires drug companies to file certain agreements with the FTC and the U.S. Department of Justice. Basically, […]