Where once we were isolated legal students, practitioners, and academics who could share our thoughts only with those in proximity, blogging and social media have turned us all into a kind of “other memory” for one another. ~Colin Samuels, Blawg Review Sherpa Emeritus Blawg Review #276 is out at the Securing Innovation business blog, published […]
Eli Lilly lost an appeal from a final judgment of the U.S. District Court for the Eastern District of Michigan, finding claims 2, 6, and 7 of U.S. Patent No. 5,464,826 invalid for obviousness-type double patenting over its earlier U.S. Patent No. 4,808,614. See, Sun Pharmaceutical Industries v. Eli Lilly and Co., United States Court […]
Hot on the heels of the Bilski decision in the US, the Australian Patent Office has now refined the Australian test for the patentability of business methods. The patent application in question relates to a “Method for Commercialising Inventions”. The main independent claim read as follows: 1. An invention specific commercialization system to facilitate success […]
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 […]
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 […]
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 […]
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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
