Patent Baristas

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 […]

At a recent European Commission hearing on Future Patent Policy In Europe, stakeholders’ views on the patent system in Europe were examined. Participants called for more centralization in terms of a single patent system or a common litigation system but there was plenty of dissent. This was the second step of the public consultation with […]

After the Medicines Company, based in Massachusetts, missed a non-extendable deadline for filing for a patent term extension by a single day, Rep William Jenkins [TN] introduced H.R. 5120 in the U.S. House of Representatives to amend 35 U.S.C. 156, the statute governing patent term extensions based on regulatory review delay. Known as the “Dog […]

The Federal Circuit has held that a licensee in good standing cannot bring suit in federal court seeking a declaration that the licensed patent is invalid or unenforceable. I think that’s right, and I’ve written an amicus brief that I am writing on behalf of law professors (mostly IP types) to file with the Supreme […]

In a bit of shameless self-promotion, we simply must announce that the Patent Baristas were ranked (again!) in the 2006 Edition of Chambers USA, a publication that ranks attorneys and their practices based upon peer and client review. Chambers USA touts the Intellectual Property Department as known for their “exceptional” attention to detail and impeccable […]

As part of its ongoing efforts to reduce its workload instead of expanding to meet increased demand, the U.S. Patent and Trademark Office (USPTO) announced a new proposal for the patent application review process. Under the new proposal, patent applicants would be required to provide the USPTO with the most relevant information related to their […]

The University of Alabama in Huntsville (UAH) announced the settlement of their suit against Nektar Therapeutics and Dr. Milton Harris, the founder of Nektar Alabama and a former employee of UAH, in exchange for a total cash payment of $25 million. Under the terms of the agreement, Nektar and Dr. Harris have jointly made an […]

After the Supreme Court refused to hear the Federal Trade Commission v. Schering-Plough case, Senators Herb Kohl (D-WI), Patrick Leahy (D-VT), Chuck Grassley (R-IA) and Charles Schumer (D-NY) have introduced legislation to explicitly prohibit brand-name drug manufacturers from using pay-off agreements to keep cheaper generic equivalents off the market. In 2005, two appellate court decisions […]