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.

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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)


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)


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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