Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged biotechnology · clear
Written by : Bailey R. Arenberg & Jason J. Jardine With the recent convocation of the 119 th Congress, a change in administration, and resignation of USPTO Director Vidal, pharmaceutical patent reform is likely on the minds of many in Washington. Prior to…
Written by : Ari Feinstein and Joseph Mallon, Ph.D. On October 11, 2024, Edwards [1] filed a petition for a writ of certiorari with the U.S. Supreme Court. [2] The question presented, as framed by Edwards, is: “Whether, under Hatch-Waxman’s…
Written by : Jason J. Jardine , Justin Culbertson, Ph.D. & Phillip J. Minnick, Ph.D. The sun is officially setting on the United States Patent and Trademark Office’s (USPTO) After Final Consideration Pilot Program 2.0 (AFCP 2.0) [1] . This program,…
Written by : Kenneth O. Aruda, Ph.D. & J ason J. Jardine In the ongoing case of Carefirst of Maryland Inc. v. Johnson & Johnson [1] , the plaintiffs successfully overcame a motion to dismiss. At the heart of the case is J&J’s legal strategy against…
Written by : Rhett D. Ramsey & Joseph Mallon, Ph.D. Judge Andrews of the District of Delaware recently denied Novartis’s request for a preliminary injunction against MSN Pharmaceuticals. Novartis Pharm. Corp. v. MSN Pharm. Inc. , Civil Action No.…
Written by : Susan M. Janicki, Ph.D. & Eric Furman, Ph.D. On July 10, the Senate unanimously passed the Affordable Prescriptions for Patients Act of 2023 (S.150), which seeks to increase competition and lower drug prices by imposing limits on patent…
Written by : Brianne M. Kingery & Michael L. Fuller On August 13, 2024, the Federal Circuit issued its decision in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061, [1] which limits the scope of obviousness-type double patenting for patents…
Written by : Ari Feinstein & Jane Dai, Ph.D. As we previously discussed , on November 7, 2023, the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listings of device…
Written by : Susan M. Janicki, Ph.D. & Agnes Juang, Ph.D. On May 24, 2024, member states of the World Intellectual Property Organization (WIPO) adopted a new treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge [1] that…
Written by : Ashley C. Morales & Michael L. Fuller On Friday, June 21, 2024, the FDA updated its Patent Listing Dispute List to indicate that the ten pharmaceutical companies who had received warning letters from the FTC in April did not make changes to…
Written by : Ashley C. Morales & Joseph Mallon, Ph.D. On March 20, 2024, The USPTO issued an alert, notifying practitioners that the USPTO had developed training materials for patent examiners regarding searching for prior art in FDA and NIH databases. [1]…
Written by : Ari Feinstein & Jane Dai, Ph.D. As we recently discussed , the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listing of device patents in the Food and Drug…
