Biotechnology Patent Law Blog | Patents4Life by Warren Woessner

Supreme Court Decides Bowman v. Monsanto for Monsanto

Warren Woessner — Wed, 15 May 2013 17:19:32 +0000

On May 13th, a unanimous Court found that the doctrine of patent exhaustion “does not allow the purchaser to make new copies of the patented invention.” [A copy of decision is at the end of this post.] In this case, the patented invention was a soybean seed obtained from a plant that had been genetically altered so [...]

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CLS Bank v. Alice Corp. (Part 2)

Warren Woessner — Tue, 14 May 2013 17:21:06 +0000

I hope that some of my loyal readers noticed that my last post on CLS was incomplete, since it did not elaborate on the rationale for the decision(s) arrived at by the majority, either directly or by default. The first 23 pages of the opinion, written by Judge Lourie, joined by Dyk, Prost, Reyna and [...]

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En (many) banc(s) Fed. Cir. decides CLS Bank v. Alice Corp. (Part 1)

Warren Woessner — Mon, 13 May 2013 18:45:53 +0000

On May 10th, the Federal Circuit issued a short per curium opinion affirming the district court’s decision that “a majority of the court affirms the [holding below] that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 USC s. 101. An equally divided court affirms the district court’s [...]

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Complimentary Webinar: Bringing Biotech Innovation to Market

Warren Woessner — Thu, 09 May 2013 16:58:38 +0000

Schwegman Lundberg & Woessner, P.A. and Cornell University have teamed up to give you the latest developments in “Bringing Biotech Innovation to Market.” The live webinar will be presented on Friday, May 17th @ 12 PM (EDT). For more information and to register, click here.

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Allergan V. Sandoz – When Everything “Old” Is “New” Again

Warren Woessner — Thu, 02 May 2013 19:14:51 +0000

On Tuesday, a divided panel of the Fed. Cir. found that Allergan’s claimed method of reducing the number of daily topical doses of brimonidine to treat glaucoma from 3 to 2 doses by administering a composition containing 0.2% brimonidine and 0.5% timolol, as unobvious, even though both drugs were known to be effective to treat [...]

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Marks & Clerk Releases Life Sciences 2013 Report

Warren Woessner — Mon, 22 Apr 2013 16:35:12 +0000

On Monday, the international law firm Marks & Clerk released it’s 2013 Life Sciences Report at the BIO International Convention in Chicago. This 50-plus page report is wide-ranging, containing both the views of life science leaders on marketplace issues like funding for new ventures (not favorable) and other trends in the pharma/biotech industry (more mergers [...]

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Myriad Argued Before The Supreme Court – Some Snippets

Warren Woessner — Wed, 17 Apr 2013 22:46:33 +0000

I confess that I’ve become addicted to this case and just finished all 63 pages of the transcript of the oral argument that took place on Monday. I won’t try to summarize it, but rather will try to review some trends. 1) Four of the Justices (Scalia, Kennedy, Kagan and Roberts) all expressed concern that [...]

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Saffran v. J&J – When Defining Equals Disclaiming

Warren Woessner — Wed, 17 Apr 2013 19:08:19 +0000

A guest post from Theresa Stadheim of Schwegman Lundberg & Woessner, P.A. In Bruce N. Saffran, M.D., Ph.D., v. Johnson & Johnson and Cordis Corporation, Appeal No. 2012-1043 (Fed. Cir. April 4, 2013, decision by Lourie), the Federal Circuit reversed an Eastern District of Texas decision and held that the Eastern District of Texas erroneously [...]

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Approaches to Claiming Diagnostic Methods using Biomarkers in the EPO

Warren Woessner — Tue, 09 Apr 2013 15:53:11 +0000

Find linked below a guest post from Dr. Stefan Danner in regards to drafting diagnostic claims in Europe. Diagnostic Claims

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NOVARTIS A.G. v. UOI – What is Novelty in Indian Courts?

Warren Woessner — Mon, 08 Apr 2013 22:54:24 +0000

Can everything old be made new again? Lots has been written about the Indian Supreme Court rejecting a patent application claiming a crystal modification of imatinib mesylate (Gleevec), which is used to treat CML. Novartis’ attempt to “evergreen” Gleevec with this patent – which will not expire until May of 2019 – failed in India. [...]

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