Pharma & Biotech Global Week in Review 8 July 09 from IP Think Tank

Here is IP Think Tank’s weekly selection of top Pharma & Biotech intellectual property news breaking in the blogosphere and internet.

Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.

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Highlights this week included:

Kenya: Manufacturers, public heath interests clash over anti-counterfeit law; AIDS patients to bring Constitutional challenge (Intellectual Property Watch) (Afro-IP) (Intellectual Property Watch)

Humira (Adalimumab) – US: Largest patent verdict in history – Abbott to pay $1.67 billion to Centocor because Humira found to infringe US Patent No 7,070,775; hearing set on inequitable conduct claims (The Prior Art) (Patently-O) (EDTexweblog.com) (PatLit) (Inventive Step) (Patent Docs) (EDTexweblog.com)

(Tavanic) Levofloxacin – UK: EWCA upholds decision that Daiichi’s Levofloxacin patent and SPC both valid: Generics (UK) Ltd v Daiichi Pharmaceutical Co Ltd and Daiichi Sankyo Co Ltd (PatLit) (IPKat) (The SPC Blog) (The SPC Blog)

 
General

IP Think Tank podcast 2 July 2009 including discussion of pharmaceutical and biological data exclusivity in the US and Brazil (IP Think Tank)

29 June – 1 July WHO Expert Working Group on R&D Financing meeting ends with few details but signal more openness (Intellectual Property Watch) (Intellectual Property Watch) (Spicy IP)

WIPO IGC on IP and Genetic Resources, Traditional Knowledge and Folklore concludes 14th session: Future work considered; WIPO members seek deal to negotiate on traditional knowledge protection (WIPO) (Intellectual Property Watch) (TK Community) (Intellectual Property Watch)

Tribes to WIPO: Long-term protection for traditional knowledge needed (Intellectual Property Watch)

FierceBiotech announces ‘Fierce 15’ for 2009 (Patent Docs)

Brazil: Patents and biological sequencing in Brazil (IP tango)

East Africa: Report: Drug companies violating WHO ethics on advertising in East Africa (Intellectual Property Watch)

India: US-India Business Council report on section 3(d): Incremental intelligence? (Spicy IP)

India: Novartis patent rejection by the IPAB: Accessing the decision (Spicy IP) (IAM)

India: Likely corruption in the Indian health care sector – Public interest litigation over government shutdown of vaccine production plants to enter contracts with private sector (IP Osgoode)

Kenya: Manufacturers, public heath interests clash over anti-counterfeit law; AIDS patients to bring Constitutional challenge (Intellectual Property Watch) (Afro-IP) (Intellectual Property Watch)

Spain: Fourth Commercial Court of Barcelona rejects Sanofi-Aventis and Bristol-Myers Squibbs preliminary injunction petition against various pharmaceutical laboratories for alleged infringement of EP454511 (International Law Office)

US: CAFC affirms BPAI rejection of application 10/618,526 for obviousness-type double patenting: In re Fallaux (Patent Docs)

US: EBI Food Safety patent term adjustment suit stayed pending outcome of Wyeth v Dudas (Patent Docs)

US: Max-Planck-Gesellschaft and others files suit against Whitehead Institute for Biomedical Research and others alleging breach of contract and negligence for misappropriation of inventions and inappropriate patent prosecution of inventions related to RNAi (Patent Docs)

US: Novartis files suits seeking review and correction of patent term adjustment calculations relating to ‘Somatostatin analogues’ and ‘Benzimidazole Quinolinones and uses thereof’ (Patent Docs)

US: Alzheimer’s Institute of America files patent infringement suit against Pfizer based on its use of patented technology in Alzheimer disease research and drug development pipeline (Patent Docs)

US: Which specification do you use for claim construction in an interference? – CAFC decision in Agilent Techs v Affymetrix concerning claims pertaining to ‘microarray hybridization’ (Gray on Claims)

US: Counterclaims dismissed in Alzheimer’s Institute/ Mayo patent licensing dispute over transgenic mice (Patent Docs)

 
Products

(Tavanic) Levofloxacin – UK: EWCA upholds decision that Daiichi’s Levofloxacin patent and SPC both invalid: Generics (UK) Ltd v Daiichi Pharmaceutical Co Ltd and Daiichi Sankyo Co Ltd (PatLit) (IPKat) (The SPC Blog) (The SPC Blog)

Altace (Ramipril) – Canada: FCA rules Canadian generics need only address listed patents as of date comparator drug purchased: Canada (Health) v Pharmascience (Global IP Watch)

Aricept (Donepezil) – US: Apotex files declaratory judgment action against Eisai in an effort to ‘unpark’ 180-day exclusivity for generic Aricept (FDA Law Blog)

Aricept (Donepezil) – US: Apotex seeks declaratory judgment of non infringement in conjunction with its ANDA for manufacture generic version of Eisai’s Aricept (Patent Docs)

Avandia (Rosiglitazone) – Israel: Unipharm successfully opposes and voids three out of four allowed Smithkline Beecham patent applications for thiazolidinedione hydrogenation used in production of Rosiglitazone (The IP Factor)

Celexa, Lexapro (Citalopram) – US: District Court S D New York rejects Lundbeck and Forest’s motion to dismiss infringement claims filed by Infosint relating to the manufacture process used for Citalopram (Patent Docs)

Citrucel (Methyl cellulose) – US: Public Patent Foundation files patent marking suit against Gloxosmithkline over marking of Citrucel products (Patent Docs)

DDAVP (Desmopressin) – Spain: Third Commercial Court of Barcelona rejects action filed by Ferring against Kern Pharma alleging infringement of patents relating to manufacture of Desmopressin (International Law Office)

Delsym (Dextromethorphan) – US: Reckitt Benckiser and UCB Manufacturing file patent infringement suit in response to generic Delsym ANDA files by Tris Pharma (Patent Docs)

Evelexa (Venlafaxine) – Australia: FCA rules on injunctive relief – preparation on procedural and substantive fronts: Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (IPRoo)

Evoxac (Cevimeline) – US: Daiichi Sankyo files patent infringement suits in Delaware and Illinois in response to Apotex ANDA to manufacture generic Cevimeline (Patent Docs)

Humira (Adalimumab) – US: Largest patent verdict in history – Abbott to pay $1.67 billion to Centocor because Humira found to infringe US Patent No 7,070,775; hearing set on inequitable conduct claims (The Prior Art) (Patently-O) (EDTexweblog.com) (PatLit) (Inventive Step) (Patent Docs) (EDTexweblog.com)

Humira (Adalimumab) – US: University of Iowa Research Foundation sues Abbott for patent infringement over manufacture of Humira (Technology Transfer Tactics) (GenericsWeb)

Levitra (Vardenafil) – US: Bayer Schering files patent infringement suit against Teva following its ANDA to produce generic Levitra (Patent Docs)

Plavix (Clopidogrel) – Korea/US: Korean Patent Court invalidates Plavix enantiomer patent for lack of novelty; US CAFC comes to opposite conclusion in dispute between Apotex and Sanofi-Aventis (Hansung)

Roundup Ready alfalfa seed – US Court of Appeals for the 9th Circuit refuses to lift Monsanto injunction in dispute with Geerton Seed Farms (Patent Docs)

Travatan, Travatan Z (Travoprost) – US: Alcon files patent infringement suit against Par Pharmaceuticals following ANDA to manufacture generic versions of Travatan and Travatan Z (Patent Docs)

TroVax (5T4 tumour antigen, pox virus vector) – US: BioMedica’s bid for interlocutory appeal to Federal Circuit denied in TroVax suit (Patent Docs)

Valtrex (Valacyclovir) – US: Apotex files declaratory judgment action against GlaxoSmithKline in an effort to ‘unpark’ 180-day exclusivity for generic Valtrex (FDA Law Blog)

Viagra (Sildenafil) – Canada: FC rejects request for generic Viagra, expresses discomfort over construction of patented compounds: Pfizer Canada Inc v Novopharm Limited (Global IP Watch)

 

 

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