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ALJ Essex denies motion for leave to supplement notice of prior art in Certain Reduced Folate Nutraceutical Products (337-TA-857)

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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May 10 2013

On May 8, 2013, ALJ Theodore R. Essex issued Order No. 10 denying Respondents Macoven Pharmaceuticals, LLC and Viva Pharmaceuticals, Inc.'s

Neptune files new 337 complaint regarding Certain Omega-3 Extracts From Marine Or Aquatic Biomass

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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January 31 2013

On January 29, 2013, Neptune Technologies & Bioressources Inc. and Acasti Pharma Inc. ("Acasti") (collectively, "Neptune") both of Canada

SAMSF, Merck, and Pamlab file new 337 complaint regarding Certain Reduced Folate Nutraceutical Products and L-Methylfolate Raw Ingredients Used Therein

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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September 11 2012

On September 10, 2012, South Alabama Medical Science Foundation of Mobile, Alabama (“SAMSF”), Merck & Cie of Switzerland (“Merck”), and Pamlab LLC of Covington, Louisiana (“Pamlab”) (collectively, the “Complainants”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337

Status quo: the Federal Circuit affirms gene patentability in Myriad

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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August 16 2012

A 2-1 split panel of the Federal Circuit issued its decision today in the closely-watched Myriad case, Association for Molecular Pathology v. Myriad Genetics, Inc., __ F.3d __ (Fed. Cir. 2012) (Lourie, J

Board applies Mayo Collaborative Servs. v. Prometheus Labs., Inc. and rejects a method of predicting a response to treatment as unpatentable subject matter under 35 U.S.C. 101

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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July 23 2012

In Ex parte Potts (Case No. 2011-004700, in Application Serial No. 11690,745, decision issued July 17, 2012), the Board rejected as unpatentable subject matter a claimed method for predicting the outcome of a clinical treatment based on measured correlations between treatments and responses, because the claims at issue sought only to patent a “law of nature.”

USPTO provides feedback on Prometheus issues

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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July 9 2012

Last week, the USPTO issued examination guidelines in light of the ruling in Mayo v. Prometheus this past March

Prometheus based patent reexamination requests?

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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May 7 2012

This past March, as most in the patent community are well aware, the Supreme Court recalibrated 35 U.S.C. 101 in Mayo Collaborative Services v. Prometheus

The inventors’ definition of a claim term in the specification controls the interpretation of that term in assessing the relevant scope and content of the prior art

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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January 17 2012

In ex parte Theobald et al (Appeal 2011-011509; Application serial no. 11421,615) at issue was whether in assessing the prior art’s teachings and exclusions, can the Examiner properly ignore explicitly disclaimers in the specification even if such a disclaimer is not in the claims

ALJ Pender rules on motion to quash subpoena in Certain Vaginal Ring Birth Control Devices (337-TA-768)

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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December 23 2011

On December 19, 2011, ALJ Thomas B. Pender issued Order No. 27 (dated December 16, 2011) in Certain Vaginal Ring Birth Control Devices (Inv. No. 337-TA-768

Board rules that a “precise” correlation between structure and function must be established to satisfy written description requirement for nucleic acid claims

Oblon Spivak McClelland Maier & Neustadt LLP
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USA
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October 7 2011

One of the rejections at issue in Ex parte Wei and Zhang (Appeal 2010-010989, Application 12283,347) is a written description rejection under 35 U.S.C. 112, first paragraph

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