On April 20, 2006, Amgen filed a lawsuit against Ariad in the U.S. District Court for the District of Delaware seeking a declaratory judgment that each of the claims contained in U.S. Patent No. 6,410,516, covering methods of treating human disease by regulating NF-κβ cell-signaling activity, are invalid and that Amgen has not infringed any […]

What a perfect wrap-up for the week before a long holiday weekend. The United States Patent and Trademark Office (USPTO) has released for public comment a draft five-year strategic plan designed to “foster American innovation and competitiveness at home and around the globe.” We’re fostering everyone else’s innovation now? The draft plan identifies quality and […]

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 […]

In his official capacity as Director of the USPTO, Jon Dudas, along with Yeda Research and Development Co., was recently named as a defendant in an action filed by Enzo Therapeutics. The complaint, filed July 3 in the U.S. District Court for the Eastern District of Virginia, details Enzo’s unsuccessful efforts to establish co-pendency of […]

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 San Francisco Business Times ran an article reiterating what patent practitioners already know. That is, the increasing backlog at the U.S. Patent & Trademark Office is bad, it’s getting worse and the new set of proposals meant to reduce the waiting time will not provide relief. The backlogs are an increasingly serious issue for […]

In Falker-Gunter Falkner et al. v. Inglis et al. (Fed. Cir. 2006, 05-1324), on appeal from the USPTO Board of Patent Appeals and Interferences, the U.S. Court of Appeals for the Federal Circuit set out some guidelines on the adequacy of written description and enablement in biotech cases. The Federal Circuit held that: (1) examples […]

A lone blogger may have succeeded in getting Amazon’s 1-Click Patent cut short. The ‘411 patent, assigned to Amazon, is known as the 1-Click Patent for its claim on ordering items on the web by “clicking” just once. Based on material submitted by New Zealander and Lord of the Rings choreographer Peter Calveley, the USPTO […]