Pharma & Biotech Global Week in Review 25 Nov 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.

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Highlights this week included:

Ecuador to define its compulsory licence legislation (IP Watch) (Patently-O)

Tavanic (Levofloxacin) – UK: Supreme Court refuses permission to appeal in Generics (UK) Ltd v Daiichi Pharmaceuticals (The SPC Blog) (JIPLP)


Nil: The value of patents in a major crisis such as an influenza pandemic – Paper by Dennis D Crouch (Patently-O)

Time for human rights to enter into IP policy dialogue, panel says (IP Watch)

Mylan’s President of Europe, Middle East and Africa elected President of European Generic Medicines Association (SmartBrief)

IP rights ‘not the driver’ for vegetable varieties innovation, according to research paper by Paul J Heald, Susannah Chapman (IPKat)

Brazil gets closer to listing US IP retaliation targets (IP tango)

Germany: SPC practice – changes due to Patentrechtsmodernisierungsgesetz (Act to simplify and modernise Patent Act) (The SPC Blog)

Court injects ‘duty of candour’ requirements for patent agents: Lundbeck Canada v Ratiopharm (Pharmacapsules @ Gowlings)

Ecuador to define its compulsory licence legislation (IP Watch) (Patently-O)

EU: Patentability of human stem cell research referred to ECJ (The IP Factor)

EU to seek details of drugmakers’ patent deals (GenericsWeb)

EU: Tech transfer at the European Molecular Biology Laboratory (Tangible IP)

India: Legality of grey market goods in India: Roche v Cipla and Strix Limited v. Maharaja Appliances (Spicy IP)

India: Harmonising the interpretation of ‘efficacy’ in section 3(d) with Article 27 of TRIPS – IPAB decision in Glivec case (Spicy IP)

UK: Medeva pertussis vaccines fail the Art 3 test as question of appeal remains unresolved: Medeva BV’s application (The SPC Blog)

US: Amicus briefs in Ariad v Eli Lilly (Patent Docs) (Patent Docs) (Patent Docs) (Patent Docs)

US: Senate set to debate merged health care reform bill (FDA Law Blog)

US: FDA targets 136 websites that appear to be engaged in illegal sale of misbranded or unapproved drugs (Domain Name / Nom de Domaine!)

US: Federal Circuit to hear oral argument in Ajinomoto v ITC 10 December (ITC Law Blog)

US: Athena Diagnostics files suits against Ambry Genetics over alleged infringement of patents covering diagnostic technologies (Patent Docs)


Dovonex (Calcipotriol) – UK: EWCA (Civ): Follow the instruction or lose the case – Sandoz’s attempts at having finding of lack of anticipation overturned fails, appeal dismissed: Leo v Sandoz (IPKat)

Famvir (Famciclovir) – US: New Jersey jury finds in favour of Novartis in suit filed against Teva claiming infringement of Famvir patent (The IP Factor) (GenericsWeb)

Tavanic (Levofloxacin) – UK: Supreme Court refuses permission to appeal in Generics (UK) Ltd v Daiichi Pharmaceuticals (The SPC Blog) (JIPLP)

Lipitor (Atorvastatin) – EU/US: Chewy Lipitor goes for paediatric extension (The SPC Blog)

Seretide (Fluticasone/Salmeterol)– Ireland: Taking same line as EPO regarding inventive step and problem-solution approach, judge reaches same decision regarding Glaxo’s patent for Seretide as was reached in the UK: Glaxo Group Ltd v Patents Act (IPKat)

Solodyn (Minocycline) – US: Medicis files patent infringement suit against Lupin following Para IV challenge (Patent Docs) (GenericsWeb)

Tramadol – Australia: Non-English language publications may not be citable art: APO decision in Euroceltique SA v Sandoz Pty Ltd (Patents4Life)

Viagra (Sildenafil) – UK: Useful reminder that sales of counterfeit medicines may also face prosecution under Medicines for Human Use (Marketing Authorisation etc) Regulations 1994: Patel and Hussain v R (IPKat)


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