Patent Baristas

Sheryl Sisk Schelin, a solo practitioner living and working in North Myrtle Beach, South Carolina (yes, we hate her already), brings an inspired version of Blawg Review this week in Blawg Review #121 over at the Inspired Solo. We especially enjoyed David Lat’s post on Above the Law regarding a counsel’s motion to reschedule oral […]

Johnson & Johnson has sued the American Red Cross, an indisputably highly regarded charitable organization, over ARC’s “commercial” use of the red cross symbol trademark. It seems that the ARC has been licensing others to use the symbol in connection with first-aid type products sold in retail stores. To raise money, of course. That’s generally […]

The Position: CincyTechUSA is looking for a Bioscience Executive-in-Residence to identify new technologies that have the potential to be commercialized through the formation of new companies; guide the launch these startups; prepare startups for an investment from CincyTech’s Seed Fund; and work with companies to help them achieve investment milestones and attract a follow on […]

Kurt Karst of the FDA Law Blog ran a nice update on patent term extension (PTE) legislation. The legislation, known as the “Dog Ate My Homework Act,” would permit the U.S. Patent and Trademark Office to exercise discretion to accept untimely filed Patent Term Extension (PTE) applications has been added to the Patent Reform Act […]

In a follow-up on our earlier discussion regarding the Supreme Court’s broad scope of the research exemption to the Integra case, the question came up asking if a patented delivery formulation — say, a sustained release formulation as opposed to a therapeutic itself — would fall within the exemption from infringement under the Food and […]

In a nonprecedential decision, the U.S. Court of Appeals for the Federal Circuit held that it won’t force the United States Patent and Trademark Office (USPTO) to issue a decision absent the authority to act. Somerset Pharmaceuticals v. Dudas (07-1447). Somerset tried appealing from district court, which turned down its request to get the Director […]

On Remand from the Supreme Court, the U.S. Court of Appeals for the Federal Circuit applied the broad scope of the research exemption to the Integra case and reversed the district court’s judgment of infringement. Integra Lifesciences v. Merck KGaA (02-1052-1065). Integra Life Sciences has five patents relating to peptides that contain the RGD sequence […]

In another challenge to patents it just doesn’t like, the nonprofit organization Public Patent Foundation (PUBPAT) got the U.S. Patent and Trademark Office (USPTO) to grant a request for reexamination of four crop science-related patents held by Monsanto. PUBPAT seems to be on a roll after successfully getting reexams of patents on Pfizer’s Lipitor, WARF’s […]