Recently, the courts looked at the question of whether separate enantiomers can have “first commercial marketing or use” status for purposes of patent term extension under 35 U.S.C. ยง 156. The U.S. Patent and Trademark Office, after consulting with the FDA, had granted an extension for US Pat. No. 5,053,407, which is exclusively licensed to […]

The next quarterly meeting of the U.S. Patent and Trademark Office’s Biotechnology and Chemical Pharmaceutical Customer Partnership is scheduled: Wednesday, December 9, 2009 from 10:00 am to 5:00 pm Auditorium in Madison East, 600 Dulany Street, Alexandria, Virginia. The Biotechnology and Chemical Pharmaceutical Customer Partnership is designed and developed to be a forum to share […]

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 […]