Posts Tagged ‘ip’

“Changing The Horizon” Or “Lost Horizon”? – Kappos Pulls It Together

Thursday, March 19th, 2015

road in mountainsAt a meeting sponsored by Intellectual Asset Management (IPBC/Global), “Meeting the NPE Challenge,” former Director of the USPTO, David Kappos on March 13th (a Friday even) gave a speech that cogently summarized the state of the IP landscape both from the law and policy perspectives. If you have felt overwhelmed and even put off by (im)perfect storm of legislative proposals, judicial holdings, and simplistic editorials that is buffeting the patent system, you must take the time to read the text of his speech, which occupies only 14 pages, but covers almost every “incoming” that the patent system has had to duck, or endure, in recent years (Ed.: “Time flies when you are having fun”). (A copy can be found at the end of this post.) I am not going to attempt a summary here –the talk is not that long—except to say that it summarizes both “Legislative Reform” (“The AIA is working”) and more recent proposals, such as fee shifting and covered customer stays. Section 101 is covered –“the courts seems to have lost their way”—including the recent attacks on software patents—(“Software patents are not statistically prone to being ‘bad’ patents”).

(more…)

Enzo Biochem V. Applera Corp. – When “Words Can Hurt You”

Thursday, March 19th, 2015

iStock_000010676885_SmallOn March 16, 2015 (Appeal no. 2014-1321), the Fed. Cir. reversed the district court’s construction of a claim term relating to the scope of “A,” a moiety capable of direct or indirect signaling that is attached by a linker to a nucleotide base. (A copy of the decision can be found at the end of this post.) The claim read: “wherein A comprises at least one component of a signaling moiety capable of producing a detectable signal [wherein the linker does not interfere] with formation of the signaling moiety or detection of the detectable signal….”

(more…)

Takeaways from Chisum Patent Academy 2015 Seminar in Cincinnati

Wednesday, March 11th, 2015

Guest Post from Don Chisum

iStock_000017522821_SmallOn March 5-6, 2015 the Chisum Patent Academy held a two-day seminar at the 21C Museum Hotel in downtown Cincinnati, Ohio to discuss and debate current developments in U.S. patent law. The roundtable seminar group was limited to ten persons; sessions were led by treatise authors and educators Donald Chisum and Janice Mueller.

Attendees included experienced patent litigators and prosecutors from law firms and corporations in Detroit, Chicago, Phoenix, Cincinnati, Cleveland, St. Louis, and the Washington, DC area. Participants enjoyed the 21C’s Museum Hotel’s provocative modern art collection, innovative food and accommodations, and lively seminar discussion.

Here’s our recap of the takeaways from the seminar:

(more…)

Novartis Wins Landmark Biosimilar Approval

Monday, March 9th, 2015

iStock_000013653107_SmallNovartis Navigates The FDA-ACA Maze – Gets Approval For Generic Neuprogen.

Amgen will soon find itself in a price war with Sandoz – a Novartis company – as it tries to maintain its share of the market for Neuprogen (filgraslim). The drug is used to treat neutropenia –often a side effect of anti-rejection drugs or chemotherapy. No matter what you think of “Obamacare,” whoever slipped in a relatively small section authorizing biosimilar products and outlining a pathway to approval, may end up saving many consumers much more than they might realize from affordable health care. Sandoz will market the drug as Zarxio. Read more here.