Patent law is seldom full of drama so it is with great excitement that we watch the latest little interlude unfold. This one involves law, politics and intellectual property — often the staple of dramatic television shows. Our story starts back in April 2007, when Commerce Secretary Carlos Gutierrez appointed Margaret J.A. Peterlin, formerly a […]
Despite the complaints directed to the Office of Management and Budget, OMB has given its thumbs-up to the USPTO’s proposed rules on continuations and claims: RIN: 0651-AB93, Changes to Practice for Continuing Applications, Requests for Continued Examination Practice, and Applications Containing Patentably Indistinct Claims (Fed. Reg. 71: 48-61 (January 3, 2006) (“Continuations Rule”) RIN: 0651-AB94, […]
David Boundy of Cantor Fitzgerald and Mike Strickland of GlaxoSmithKline attended a meeting with the Office of Management and Budget (OMB) to discuss the USPTO’s Changes to Practice for Continuing Applications, Requests for Continued Examination Practice, and Applications Containing Patentably Indistinct Claims (Fed. Reg. 71: 48-61 (January 3, 2006)). The proposed regulations would limit an […]
It was three up and three down for the Wisconsin Alumni Research Foundation (WARF) as the U.S. Patent and Trademark Office (USPTO) rejected the claims of its patents on human embryonic stem cells. Embryonic stem cells, as their name suggests, are derived from embryos that develop from eggs that have been fertilized in vitro. Embryonic stem cells […]
Earlier, the USPTO published an Official Gazette notice in November of 1996 providing a partial waiver of the requirements for restriction and for unity of invention determinations. The 1996 Notice permitted examination of a reasonable number (reasonable being normally up to ten, independent and distinct molecules). Now, in their quest to reduce patent application pendency […]
While the Supreme Court ruled that MedImmune could sue Genentech for patent infringement even though MedImmune continues to pay fees to Genentech to use the disputed technology to develop the drug Synagis, the U.S. Patent and Trademark Office may have something to add, too. (Medimmune, Inc. v. Genentech, Inc., et al.; S.Ct. No. 05–608). MedImmune […]
On February 12, the House of Representatives approved a pilot program (HR 5418) to develop an opt-in for specialized patent trial judges. The legislation was introduced by Representatives Issa (R-CA) and Schiff (D-CA). Senator Orrin Hatch (R-UT) and Senator Dianne Feinstein (D-CA) have already introduced S. 3923 as a companion bill to H.R. 5418. The […]
The Court of Appeals for the Federal Circuit held that whether broadened claims are invalidated by the recapture rule is an issue separate from construction. (MBO Laboratories v. Becton, Dickinson & Company; 06-1062). In this case, MBO appealled a summary judgment of noninfringement of U.S. Patent No. RE 36,885 based on the district court’s claim […]
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Editor-in-Chief Barista Stephen Jenei is a patent attorney and Owner of Jenei LLC. When not serving up patent chat over a steaming cup of java, he's handling a diverse intellectual property practice in the biotechnology, pharmaceutical and chemical fields. More info @ Jenei LLC
