Pharma & Biotech Global Week in Review 16 June 2010 from IP Think Tank

Here is Think IP Strategy’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:

Australia follows suit in gene patent battle (IP Whiteboard) (Patentology) (Patentology)

US NGO’s call for George Washington University to cease industry-sponsored intellectual property training in India (Knowledge Ecology International) (Spicy IP)

General

UNITAID-backed patent pool final; Drug licence talks can begin (IP Watch)

Patent analysis: A tool for making strategic business decisions (BiotechBlog)

Health waiver, IP enforcement discussed at lively WTO TRIPS council meeting (IP Watch)

Patent pools as innovation policy (Spicy IP)

Argentina: Plant varieties and seeds in Argentina (IP tango)

Australia follows suit in gene patent battle (IP Whiteboard) (Patentology) (Patentology)

Belgium – Ghent commercial court finds that Ulti Med Products infringed European patent for specific analytical test device and analytical method in which this test device is used: Iverness Medical v Ulti Med Products (EPLAW)

Chile promotes biodiversity with its native plants (IP tango)

Denmark: A patent worth billions: Nordic Bioscience (Innovationpartners)

EU: Article ‘Purpose-bound protection for DNA sequences: in through the back door?’Monsanto Technology LLC v Cefetra BV and others (JIPLP)

UK: Practice note: Patents Act 1977: Second medical use claims (IPKat)

US NGO’s call for George Washington University to cease industry-sponsored intellectual property training in India (Knowledge Ecology International) (Spicy IP)

US: ‘Preserve Access to Affordable Generics Act’ resurfaces in Senate; Patent settlement litigation front heats up (FDA Law Blog)

US: Inside views: The biosimilars pathway: An invitation to litigation (IP Watch)

US: Relinquishment and waiver of 180-day exclusivity post-MMA; What is FDA precedent and where might FDA be headed? (FDA Law Blog)

US: CAFC sets date for oral argument en banc in inequitable conduct appeal: Therasense, Inc. v. Becton, Dickinson & Co. (Patent Docs)

US: District Court M D North Carolina: $4.8 million attorneys’ fee award designed to reimburse not punish: Aventis CropScience v. Pioneer Hi-Bred Intl., Inc., et. al. (Patent Docket)

US: False marking plaintiff borrows a page from Simonian in filing its own amended complaint: Simonian v. Novartis Animal Health US, Inc (Docket Report)

US: Finding ORGANIC ASPIRIN deceptively misdescriptive of and deceptive for dietary supplements, TTAB sustains Bayer opposition: Bayer Aktiengesellschaft v. Stamatios Mouratidis (TTABlog)

US: Multiple rejections during prosecution undermine plaintiff’s bid for preliminary injunction: Graceway Pharmaceuticals, LLC et al v. Perrigo Company et al. (Docket Report)

US: Novozymes asserts Ethanol production enzyme patent against Danisco (Green Patent Blog)

US: Use of terms like ‘monopoly’ and ‘milking’ prohibited at trial: Abbott Laboratories v. Sandoz, Inc. (Docket Report)

US: Re-examination ordered on ‘expired’ Harvard Oncomouse patent (Patent Docs)

Products

Abilify (Aripiprazole) – US: Patent infringement complaint following a Paragraph IV certification: Otsuka Pharmaceutical Co., Ltd. v. Zydus Pharmaceuticals USA, Inc. et al. (Patent Docs)

Cubicin (Daptomycin) – US: Cubist Pharmaceuticals to oppose Teva’s attempt to add inequitable conduct defense in patent infringement action (SmartBrief)

Dorzolamide/Timolol – Netherlands: Preliminary injunction judge rules UK invalidity decision not sufficient to rule non-negligible chance that (Dutch part of) patent will be invalidated in proceedings on the merits: Merck Sharp & Dohme v. Sandoz (EPLAW)

Levocetririzin – Belgium: Antwerp commercial court annuls Belgian tier of Sepracor’s European patent for ‘compositions for treating allergic disorders using (-) cetirizine’, as well as the ensuing SPC: Teva v. Sepracor (EPLAW)

Metvixia (Methyl aminolevulinate) – US: CAFC affirms decision of E D Virginia that methyl aminolevulinate hydrochloride is entitled to patent term extension: Photocure ASA v. Kappos (Patent Docs)

Niaspan (Niacin) – US: Patent infringement complaint filed following a Paragraph IV certification:  Abbott Laboratories et al. v. Sun Pharmaceutical Industries Ltd. et al. (Patent Docs)

Opana (Oxymorphone) – US: Endo settles with Impax and Sandoz in Opana patent suits (Patent Docs)

Sanctura (Trospium) – US: Patent infringement complaint filed following a Paragraph IV certification: Allergan Inc. et al. v. Paddock Laboratories Inc. (Patent Docs)

Tarka (Trandolapril, Verapamil) – US: Sanofi, Abbott unable to block Glenmark’s launch of generic Tarka (Patent Docs)

Tricor (Fenofibrate) – US: Patent infringement complaint filed following a Paragraph IV certification Abbott Laboratories et al. v. Ranbaxy Laboratories Ltd. et al.; Elan Pharma International Ltd. et al. v. Ranbaxy Laboratories Ltd. et al. (Patent Docs)

Yaz (Drospirenone and ethinyl estradiol) – US: Bayer sues Teva and Barr for false advertising and patent infringement in connection with Teva’s generic oral contraceptive Gianvi (SmartBrief)(Patent Docs) (IP Factor)

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