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Archive for the ‘Pharmaceuticals’ Category

Federal Circuit rules that prosecution laches requires evidence of prejudice By Jonathan Allred – Edited by Elizabeth Akerman Cancer Research Technology Ltd. v. Barr Laboratories, Inc., No. 2010-1204 (Fed. Cir. Nov. 9, 2010) Slip Opinion The Federal Circuit overturned the District Court of Delaware, which had ruled that the plaintiff’s patent was unenforceable for prosecution laches, and, in the alternative, invalid for inequitable conduct. Prosecution laches is an equitable defense to infringement when the plaintiff has delayed the prosecution of ... Read More...
Posted On Nov - 17 - 2010 Comments Off READ FULL POST
By Dorothy Du Facebook Plans to Fix Privacy Flaw that Allows “Apps” to Share User Information The Wall Street Journal reports that Facebook applications (“apps”) have been transmitting user-IDs to dozens of third parties. These third parties include advertising and data-gathering companies, which use and sell the information. The Electronic Frontier Foundation reports that all of the top ten Facebook.com “apps,” including FarmVille and Mafia Wars, are guilty of such actions in violation of their web developer agreements with Facebook. ... Read More...
Posted On Oct - 25 - 2010 Comments Off READ FULL POST
Federal Circuit Reaffirms Separate Written Description and Enablement Requirements for Patents By Tyler Lacey – Edited by Jad Mills Ariad Pharm., Inc. v. Eli Lilly & Co., Appeal 2008-1248 (Fed. Cir., Mar. 22, 2010) Slip Opinion The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”), in a 9-2 en banc decision, affirmed a panel decision holding Ariad’s patent claims invalid for lack of written description. In so holding, the Federal Circuit reaffirmed that the first paragraph of 35 ... Read More...
Posted On Mar - 26 - 2010 Comments Off READ FULL POST
Board of Patent Appeals affirms rejection of Pfizer’s broadest patent claim to Viagra By Abby Lauer – Edited by Frank Sabatini Ex parte Pfizer, Inc., Appeal 2009-004106 (B.P.A.I. Feb. 12, 2010). Slip Opinion On February 12, the Board of Patent Appeals and Interferences affirmed a Patent Examiner’s rejection of claim 24 of Pfizer’s patent on the erectile dysfunction (ED) drug Viagra. The Board held that claim 24 of the patent was anticipated in the prior art by descriptions of the ... Read More...
Posted On Feb - 24 - 2010 Comments Off READ FULL POST
By Kassity Liu India’s Stringent Patentability Standards Cause Corporate Dissatisfaction On February 12, the WSJ Law Blog reported that India’s standards for patentability may be leading to a lack of significant patent protection for important pharmaceutical drugs. Before 2005, India offered patent protection to processes for making pharmaceutical drugs, but no protection to the products themselves. After the patent system was extended to cover the products, a large number of multinational drug companies began to market their products in India. ... Read More...
Posted On Feb - 15 - 2010 Comments Off READ FULL POST
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