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Results: 1-10 of 109

Court dismisses French company from suit seeking correction of patent inventorship
  • Shook Hardy & Bacon LLP
  • USA
  • April 7 2011

A federal court in the District of Columbia has dismissed patent-related litigation against a French drug company for lack of personal jurisdiction


News bytes
  • Shook Hardy & Bacon LLP
  • USA
  • October 18 2012

The U.S. Patent and Trademark Office reopens the comment period on its proposed rulemaking and proposed examination guidelines, published on July 26, 2012, “to implement the first-inventor-to-file provisions of the Leahy-Smith America Invents Act.” Comments may now be submitted until November 5


Study shows rise in biotech patent litigation
  • Shook Hardy & Bacon LLP
  • USA
  • September 20 2012

PricewaterhouseCoopers LLP has released its “2012 Patent Litigation Study,” which shows that the 4,105 patent lawsuits filed in 2011 marked a high point and a 22-percent increase from the previous year


News bytes
  • Shook Hardy & Bacon LLP
  • USA
  • August 30 2012

The U.S. Patent and Trademark Office (USPTO) schedules a September 6, 2012, roundtable “to obtain public input from organizations and individuals on issues relating to the USPTO’s proposed implementation of the first-inventorto- file provisions of the America Invents Act.”


Fractured Myriad Genetics ruling follows SCOTUS remand
  • Shook Hardy & Bacon LLP
  • USA
  • August 30 2012

Ruling that one plaintiff had standing to seek a declaratory judgment as to the patent eligibility of certain genetic discoveries, the Federal Circuit Court of Appeals has once again reversed in part and affirmed in part a lower court’s determination that isolated DNA molecules and methods of comparing molecules to determine whether a patient’s genes have mutations that could cause breast and ovarian cancer were not patent eligible


NGOs request march-in rights for patented drug
  • Shook Hardy & Bacon LLP
  • USA
  • November 1 2012

Four non-governmental organizations (NGOs) have filed a petition with the National Institutes of Health (NIH) requesting that it grant march-in rights under the Bayh-Dole Act for a patented drug that they claim is “a federally funded invention that is much more expensive in the United States than in Canada, Europe or other high-income countries.”


Federal Courts of Appeals conflict over validity of pay-for-delay deals
  • Shook Hardy & Bacon LLP
  • USA
  • August 2 2012

The Third Circuit Court of Appeals issued a ruling in mid-July that found “any payment from a patent holder to a generic patent challenger who agrees to delay entry into the market must be treated by a factfinder as prima facie evidence of an unreasonable restraint of trade,” thus supporting the Federal Trade Commission’s (FTC’s) view that pay-for-delay deals that settle patent disputes between name-brand pharmaceutical companies and their generic drug competitors violate antitrust law


News bytes
  • Shook Hardy & Bacon LLP
  • USA
  • October 3 2012

U.S. Health and Human Services Secretary Kathleen Sebelius delegates authority to the Food and Drug Administration (FDA) to determine whether clinical trial information was not submitted to the Clinical Trial Registry and Results Data Bank as required by law or “was submitted but is false or misleading in any particular.”


Moody’s claims “the worst is over” for pharmaceutical companies facing patent cliff
  • Shook Hardy & Bacon LLP
  • USA
  • October 3 2012

Moody’s Investor Services has reportedly revised its outlook for the global pharmaceutical industry and upgraded it to stable, apparently anticipating that earnings will rebound in 2013 with the slowdown in patent expirations, characterized by many industry observers as the “patent cliff.”


ACLU weighs in on patentability of human genes in Myriad Genetics
  • Shook Hardy & Bacon LLP
  • USA
  • October 3 2012

American Civil Liberties Union (ACLU) attorneys representing the petitioners in The Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (U.S., docketed October 1, 2012), have filed their petition for review before the U.S. Supreme Court. Information about the Federal Circuit Court of Appeals ruling from which the petition has been filed appears in Issue 41 of this Bulletin