Patent Baristas

  Lilly sued Novopharm for infringement under Canadian Patent No. 2,041,113, a selection patent for the compound olanzapine (sold under the brand name Zyprexa), owned by Lilly. Olanzapine is used to treat schizophrenia. Novopharm argued that the ‘113 Patent is invalid.  A Federal Court judge (the trial judge) agreed with Novopharm and dismissed Lilly’s action.  […]

On the final day of the term, the U.S. Supreme Court released its long-anticipated decision in Bilski v. Kappos.  Experts discuss the implications of the decision, and give keen insight into the case. To listen, please right click on the audio file you wish to hear and then select “Save Link As…” or “Save Target […]

BioPatent Design2010 Building a Robust, Secure Biological Patent to Ensure First Time Approval, Protect Product Revenue and Prevent Incoming Attack The area of BioPatent Design is rapidly evolving, with new developments sparking the Gene debate, developments in Biosimilars, protection issues with regards to DNA sequencing patents, vaccines and stem cells as well as new guidelines […]

The European Court of Justice in Luxembourg ruled against Monsanto Co. stating that “Monsanto cannot prohibit the marketing in the EU of soy meal containing, in a residual state, a [patented] DNA sequence.” Therefore, the European patent for the trait that makes soybeans resistant to the company’s Roundup herbicide doesn’t extend to soy meal made […]

The U.S. Patent and Trademark Office put out a Request for Comments on Proposed Changes to Restriction Practice in Patent Applications. Summary: In situations in which two or more independent and distinct inventions are claimed in a single patent application, the United States Patent and Trademark Office (Office) is authorized by the patent laws and […]

CNBC Originals goes inside the most profitable criminal enterprise in the world. An economy built on robbing U.S. businesses, costing American jobs, and bankrolling terrorism: Fake handbags, watches, and perfumes are a way of the past. The largest underground industry in the world, Counterfeit Goods bring in hundreds of billions, while sapping the economy, putting […]

The Supreme Court issued GVR Orders* on two important biotech cases: Classen Immunotherapies, Inc. v. Biogen IDEC et al. (08-1509) The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Federal Circuit for further consideration in light of […]

MEMORANDUM DATE:            June 28, 2010 TO:                  Patent Examining Corps FROM:           Robert W. Bahr, Acting Associate Commissioner For Patent Examination Policy SUBJECT:     Supreme Court Decision in Bilski v. Kappos Today, the Supreme Court affirmed the USPTO’s decision that the claims in the patent application at issue in Bilski v. Kappos are not patent-eligible under 35 U.S.C. […]