Pharma & Biotech Global Week in Review 9 Sept 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.

You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: http://thinkipstrategy.com/subscribe/

 
Highlights this week included:

US: CAFC debates whether claim term ‘animal’ includes humans: Martek Biosciences Corp v Nutrinova, Inc (Gray on Claims) (Patently-O) (Patently-O) (IP Watchdog)

 
General

USPTO-Pfizer workshop on IP & innovation in Mumbai (Intellectual Property Watch)

Australia: Full Federal Court unanimously confirms that inventions generated by academics are not necessarily owned by universities: University of Western Australia v Gray (Mallesons Stephen Jaques)

EU: ECJ ruling on SPCs AHP Manufacturing v Bureau voor de Industriële Eigendom available (not yet in English) (The SPC Blog)

EU: Discussion of ‘Global Drug Discovery: Europe is Ahead’ paper by Dr Donald Light (Patent Docs)

India: Syngenta misleads Indian court on ‘data exclusivity’ and Article 39.3 of TRIPS: Syngenta India Ltd v Union of India (Spicy IP)

US: CAFC debates whether claim term ‘animal’ includes humans: Martek Biosciences Corp v Nutrinova, Inc (Gray on Claims) (Patently-O) (Patently-O) (IP Watchdog)

US: CAFC to hear oral argument regarding PTE eligibility: Ortho-McNeil Pharma v Lupin Pharma; PhotoCure ASA v Kappos (FDA Law Blog)

US: ACLU moves for summary judgment in gene patent case; amicus briefs supporting plaintiffs: (Inventive Step) (Inventive Step)

US: ITC to review initial determination terminating investigation based on settlement agreement in dispute between Cargill and ENI relating to non-shellfish derived glucosamine (ITC 337 Law Blog)

US: Stanford researcher Bob Shafer loses at PTO, still fights on in patent infringement dispute brought by Advanced Biological Laboratories over HIV-drug resistance database (The Prior Art)

US: In re Bilski: Death of diagnostic method patents? (America-Israel Patent Law)

USPTO says some requests for patent term adjustment reconsideration are premature (Patent Docs)

US: New York Times article ‘For Profit, Industry Seeks Cancer Drugs’ reports on cancer drug development (Patent Docs)

 
Products

Angiomax (Bivalirudin) – US: Last-minute extension of pharmaceutical product life, or just throwing up a smokescreen? (America-Israel Patent Law)

Avinza (Morphine) – US: King Pharmaceuticals, Elan files patent infringement suit against Sandoz in response to Para IV challenge (Patent Docs)

Cipro (Ciprofloxacin) – US: California court rules that Bayer AG et al did not violate state antitrust law in Cipro reverse payment case (FDA Law Blog)

Effexor (Venlafaxine) – Israel: Patent oppositions: should substance or procedural issues win out? – Dispute between Wyeth and Dexel (The IP Factor)

EpiPen (Epinephrine) – US: King Pharmaceuticals, Meridian Medical Technology file patent infringement suit against Teva following Para IV certification (Patent Docs)

Seroxat (Paroxetine) – Israel: not even sublime, just ridiculous – Israel PTO decision in Unipharm v SmithKline Beecham (America-Israel Patent Law)

Stelara (Ustekinumab, anti-IL-12 antibody) – Centocor seeks review of BPAI decision awarding priority of invention to Abbott in interferences between Centocor’s ‘Anti-IL-12 Antibodies, Compositions’ application and Abbotts ‘Human Antibodies that Bind Human IL-12 and Methods for Producing’ patent (Patent Docs)

Stelara (Ustekinumab, anti-IL-12 antibody) – US: Centocor seeks declaratory judgment of non-infringement and invalidity of two patents based on its manufacture, use and sale of Stelara: Centocor Ortho Biotech v Abbott (Patent Docs)

Sustiva (Efavirenz) – US: Bristol-Myers Squibb files patent infringement suit against Mylan, Matrix in response to Para IV challenge (Patent Docs)

Viread (Tenofovir) – India: Patent Office rejection of Tenofovir – Celebrating opportunity for generic manufacturers? (Spicy IP)

Zicam (Zinc) – US: Capricorn keeps Zicam IP suit against Matrixx active, but loses bid for inventorship change (Patent Docs)

 

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