Is obviousness becoming the new anticipation? How the Federal Circuit is redrawing the line between anticipation and obviousness in favor of anticipation *

USA - September 20 2012
There was a time when inherent anticipation of a claim directed to a therapeutic method resulted when the prior art actually carried out the steps of that method to achieve a particular result, but simply did not appreciate an additional result (the one now claimed) achieved by that method.

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Biotech year in review 2011 *

USA - April 16 2012
In 2011, Congress enacted the America Invents Act (“AIA”), the first major overhaul of the patent laws in nearly 60 years.

Co-authors: Jeff B. Vockrodt, David A. Kelly.

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Pharmaceutical, chemical and biotech year in review 2009 *

USA - April 21 2010
The year 2009 proved to be one of the more eventful years in terms of biotech and pharmaceutical patent practice.

Co-authors: Jeff B. Vockrodt.

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Therapeutic project tax credit/grant program enacted *

USA - March 24 2010
On March 23, the president signed the H.R. 3590, the Patient Protection and Affordable Care Act.

Co-authors: David B. Weisblat, Roger L. Tate, David S. Lowman, Jr, Timothy L. Jacobs, Laura Ellen Jones.

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U.S. Patent Office error in patent term adjustment calculations may extend patent protections *

USA - August 3 2009
The United States Patent and Trademark (“PTO”) recently acknowledged that it has been miscalculating the patent term adjustment for some PCT national phase applications by basing its calculations improperly upon the date when the applicant complies with the provisions of 35 U.S.C. § 371(c) (e.g., filing an executed inventor declaration) rather than properly upon the date when the national stage is commenced.

Co-authors: Brian M. Buroker, Laurence H. Posorske, Dwight M. Benner, II, Thomas E. Anderson.

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