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Archive for the ‘Pharmaceuticals’ Category

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
By Natalie Ram Editorial Policy A full version of this article, published in the Fall 2009 issue of the Harvard Journal of Law & Technology, is available here. Today, more than 300 million tissue samples from more than 178 million individuals are stored in the United States, and this number has been growing by more than 20 million samples every year. Through genetic analysis, researchers hope to identify disease-related and other genes and to measure the frequency of such genes’ ... Read More...
Posted On Feb - 4 - 2010 1 Comment READ FULL POST
Federal Circuit Reverses and Remands District Court Ruling in Obviousness-type Double Patenting Case By Kassity Liu – Edited by Joey Seiler Boehringer Ingelheim Int’l. v. Barr Laboratories, Inc., No. 2009-1032 (Fed. Cir. 2010). Opinion The Federal Circuit reversed and remanded the District Court for the District of Delaware, which had ruled that U.S. Patent No. 4,866,812, owned by the appellant Boehringer, was invalid because Boehringer’s terminal disclaimer did not overcome obviousness-type double patenting with respect to an earlier expired patent, ... Read More...
Posted On Jan - 31 - 2010 1 Comment READ FULL POST
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