The Board of Patent Appeals and Interferences (BPAI) of the U.S. Patent and Trademark Office has combined three patent interferences into a single interference between Sepracor and Wyeth. The interference was declared to determine the priority of inventorship of claims directed to racemic O-desmethylvenlafaxine (ODMV) succinate. Wyeth markets racemic ODMV succinate in the U.S. under […]
in·no·va·tion \ËŒi-nÉ™-ˈvÄ-shÉ™n\. noun. 1 : the introduction of something new 2 : a new idea, method, or device It should be obvious to anyone that innovation is crucial to our lives and to our economy. The question some have raised is whether or not the U.S. legal system is a driver or a damper on […]
Evolving IP Marketplace The Federal Trade Commission held the fourth in its series of hearings on the Evolving IP Marketplace. This set of hearings will explore the emergence of new business models in the market for intellectual property, strategies for buying, selling and licensing patents and the role of secondary markets. Discussions covered some of […]
In Takeda Pharma v. John J. Doll (08-1131), the US Court of Appeals for the Federal Circuit looked at an earlier District Court decision holding that later developments in the art may inform the “patentably distinct” determination for double patenting. The Federal Circuit agreed but only to the extent that the subsequent developments predate the […]
Deloitte has released a study, Avoiding no man’s land: Potential unintended consequences of follow-on biologics, that explores the debate on creating a regulatory pathway for the approval of follow-on biologics (FOBs, the biotech equivalent of generic pharmaceuticals). The study also outlines unintended effects of the Hatch-Waxman Act of 1984 and compares it with current proposed […]
Burn the ships, we’re here to stay There’s no way we could go back Now that we’ve come this far by faith Burn the ships, we’ve passed the point of no return Our life is here So let the ships burn ~Burn the Ships (lyrics) by Steven Curtis Chapman and James Isaac Elliott The phrase […]
In In re Kubin (08-1184), the US Court of Appeals for the Federal Circuit held that the US Patent and Trademark Office’s Board of Patent Appeals and Interferences was correct to hold claims as unpatentably obvious when applicants use “conventional techniques” to make an invention. This is bad news not just for biotech but for […]
In Ariad v. Eli Lilly & Co. (08-1248) (a top 10 case for 2009), the Court of Appeals for the Federal Circuit set out a split decision on a case addressing patent validity and enforceability issues where Lilly contends that the asserted claims of US 6,410,516 are invalid for including non-statutory subject matter, for being […]
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Editor-in-Chief Barista Stephen Jenei is a patent attorney and Owner of Jenei LLC. When not serving up patent chat over a steaming cup of java, he's handling a diverse intellectual property practice in the biotechnology, pharmaceutical and chemical fields. More info @ Jenei LLC
