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Biotech trade group seeks USDA involvement in gene patents lawsuit

Shook Hardy & Bacon LLP
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USA
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October 21 2010

The Biotechnology Industry Organization (BIO) has asked U.S. Department of Agriculture (USDA) Secretary Tom Vilsack to urge the Department of Justice, which is considering the federal government's position in litigation about patent protection for isolated DNA sequences, to "strongly defend the patentability of such basic biotech inventions."

Pharma merger activity attributed to “patent cliff”

Shook Hardy & Bacon LLP
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USA
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November 18 2010

Noting that many of the pharmaceutical industry's best-selling products will soon lose their patent protection, industry analysts have reportedly suggested that the potential loss of nearly one-third of industry revenues in the near term could account for recent merger activity among the world's largest pharmaceutical companies

Administration budget-cut plan includes reducing data exclusivity for biologic drugs

Shook Hardy & Bacon LLP
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USA
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February 24 2011

Among other provisions included in President Barack Obama’s (D) $3.7 trillion budget proposal is a plan to give biotech drugs seven years of market exclusivity rather than the 12 years already in effect

DOJ seeks earliest calendaring before Federal Circuit in Myriad Genetics

Shook Hardy & Bacon LLP
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USA
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February 24 2011

Acting Solicitor General Neal Katyal has requested an April 4, 2011, oral argument date in a case before the Federal Circuit Court of Appeals asking whether and to what extent genetic discoveries may be patented

Stakeholders provide input on FDA review standards for biosimilars

Shook Hardy & Bacon LLP
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USA
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November 18 2010

The Food and Drug Administration (FDA) recently conducted a two-day hearing to begin the process of determining how it will go about creating review standards for the generic copies (biosimilars) of prescription drugs developed from biological materials (biologics

U.S. Supreme Court to decide whether Stanford owns patents for invention funded with federal dollars

Shook Hardy & Bacon LLP
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USA
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November 4 2010

The U.S. Supreme Court has granted the appeal of a Federal Circuit decision that rejected on standing grounds a university’s claim to patents that arose out of an NIH-financed research project involving technology for detecting HIV levels in a patient’s blood

U.S. government takes position on patentability of isolated genomic DNA

Shook Hardy & Bacon LLP
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USA
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November 4 2010

The U.S. Department of Justice has filed an amicus brief in a lawsuit pending before the Federal Circuit Court of Appeals to address the question of whether and to what extent genetic discoveries may be patented

Medical treatment claims deemed patentable on reconsideration after Bilski

Shook Hardy & Bacon LLP
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USA
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January 13 2011

The Federal Circuit Court of Appeals has confirmed its earlier decision, rendered before Bilski v. Kappos, 130 S. Ct. 3218 (2010), was decided, and ruled that methods for determining the optimal dosage of thiopurine drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases recite patentable subject matter under 101

Patentability of medical treatment claims to be heard by U.S. Supreme Court

Shook Hardy & Bacon LLP
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USA
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June 30 2011

The U.S. Supreme Court has agreed to review a Federal Circuit Court of Appeals ruling that methods for determining the optimal dosage of thiopurine drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases recite patentable subject matter under 35 U.S.C. 101

News bytes

Shook Hardy & Bacon LLP
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USA
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February 7 2011

The U.S. Patent & Trademark Office announces an agreement with the European Patent Office on a joint patent classification system that “will use the European Classification System as a basis and incorporate the best classifications practices of the USPTO.”

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