Hal Wegner at Foley & Lardner circulated a note about a letter by Chief Justice Paul Michel of the United States Court of Appeals for the Federal Circuit. Hal writes: One of the two most divisive points ripping apart patent reform legislation is the ever more contentious debate over apportionment of damages, as witnessed by […]
A letter went out today to Speaker of the House Nancy Pelosi, Senate Majority Leader Harry Reid, House Minority Leader John Boehner, Senate Minority Leader, and Mitch McConnell from 111 companies across 27 states expressing concern over certain provisions of patent reform legislation (H.R. 1908/S. 1145 – The Patent Reform Act of 2007) currently under […]
On the same day that the Supreme Court seemed to rely on common sense in its approach in the KSR decision, it handed down its holding in Microsoft Corp. v. AT&T Corp, No. 05.1056, 550 US ___ (April 30, 2007) which defies common sense. The lesson learned from this decision is to either file for […]
It is clear that the Supreme Court’s ruling in KSR Int’l Co. v. Teleflex Inc. (Opinion 04-1350; Decided April 30, 2007) was meant to make it easier to challenge a patent on the grounds that the idea was obvious or showed no real innovation. The question is, does this mean bad news for pharmaceutical and […]
Matt Buchanan at Promote the Progress has an article on some clues about the direction in which patent reform will move once the 110th Congress convenes. Senator Leahy, the incoming chair of the Judiciary Committee, wants patent reform to include efforts “to increase access to essential medicines throughout the world” saying he intends “to redouble […]
The Senate introduced their counterpart to the House Patent Reform Act this month (Patent Reform Act of 2006; S. 3818). Senator Orrin Hatch declared from the start that the pending bill represents a bipartisan compromise but acknowledges that both sides are in favor of a post-grant review process for patents and moving to a first-to-file […]
Sen. Charles E. Schumer (D-N.Y.) introduced a bill (S. 3695) to amend the Federal Food, Drug, and Cosmetic Act to prohibit the marketing of authorized generic drugs. The bill was cosponsored by Sens. John D. Rockefeller IV (D-W.V.) and Patrick J. Leahy (D-Vt.). The effort is an attempt to ban a practice that they say […]
Commissioner Jon Leibowitz of the Federal Trade Commission testified before the U.S. Senate’s Special Committee on Aging about branded and generic pharmaceutical competition and the barriers that can lead to the delay of generic entry into the U.S. marketplace. Clearly, this comes down to money, not saving lives. Generic drugs play an important role in […]
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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
