In a nonprecedential decision, the Court of Appeals for the Federal Circuit looked at the issue of whether there is an Article III case or controversy between a patentee drug company and a generic drug company in the context of the Hatch-Waxman Act.  Merck v. Apotex (07-1362). Merck had sued Apotex for patent infringement when […]

The U.S. Court of Appeals for the Federal Circuit affirmed a district court decision that Apotex and Impax infringed on patents covering AstraZeneca’s heartburn drug Prilosec.  In re Omeprazole Patent Litigation (Astrazeneca v. Apotex Corp., Apotex and Impax; 07-1414, -1416, -1458, -1459).  This ruling comes on the heels of its earlier affirmation of a decision […]

The American Conference Institute’s 10th Advanced Forum on Biotech Patents: Analysis, Insights and Strategies for New Challenges in Biotech Patent Practices will be held at the Royal Sonesta Hotel, Boston, MA, on September 15-16. At the conference, I will be on a panel discussion with Michele Cimbala, of Sterne, Kessler, Goldstein & Fox,  entitled “Life […]

The Senate Committee on Small Business & Entrepreneurship unanimously passed the SBIR/STTR Reauthorization Act of 2008 (S. 3362) to reauthorize the crucial Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. The bipartisan bill is the result of months of deliberations among Committee members and includes a pivotal compromise that would allow […]

The U.S. Small Business Administration (SBA) is proposing to ratchet up the Small Business Innovation Research (SBIR) Program award threshold amounts to offset the effect of inflation since the amounts were last set in 1992. Current threshold amounts are $100,000 for Phase I awards and $750,000 for Phase II awards. The SBA can adjust the […]

Gene Quinn, Jr., the force behind the Patent Briefs at the Practicing Law Institute, has struck out in a new venture.  Gene has now brought us a new patent blog, PatentFools.com.  PatentFools is described thusly: The point of PatentFools is to try and identify wrongs, articulate positions, influence decision-makers and have some fun saving the […]

Bloggers May Need to Yield Equal Time FCC Commissioner Robert McDowell (R) recently warned bloggers that the Commission’s decision to smack down Comcast  for hobbling Bit Torrent could lead the government to start “dictating content policy” by requiring blogs to give equal time to opposing views under the Fairness Doctrine.  We’re not sure if criticizing […]

The United States Patent and Trademark Office (Office) is adopting new rules governing the conduct of disciplinary investigations, issuing warnings when closing such investigations, disciplinary proceedings, non-disciplinary transfer to disability inactive status and reinstatement to practice before the Office. See Changes to Representation of Others Before the United States Patent and Trademark Office; Final Rule […]