IPO Webinar on Examiner Training Guidelines for Claim Interpretation

The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled “USPTO and Plain Meaning of Terms” on May 21, 2015 beginning at 2:00 pm (ET). Brenton Babcock, Knobbe of Martens, Olson & Bear, LLP; Gary Ganzi of Evoqua Water Technologies LLC; and Joseph Weiss of the U.S. Patent & Trademark Office will discuss new examiner training guidelines intended to make the record clearer during prosecution by explaining claim interpretation as necessary, explore the implications of this change for patent prosecution and litigation, and explain how the new guidelines will work in practice. The registration fee for the webinar…
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Court Report

By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Galderma Laboratories LP et al. v. Glenmark Generics Inc USA 3:15-cv-01416; filed May 6, 2015 in the Northern District of Texas • Plaintiffs: Galderma Laboratories LP; Galderma SA; Galderma Research & Development SNC • Defendant: Glenmark Generics Inc USA; Glenmark Generics Ltd. Infringement of U.S. Patent Nos. 8,071,644 (“Combinations of Adapalene and Benzoyl Peroxide for Treating Acne Lesions,” issued December 6, 2011), 8,080,537 (same title, issued December 26, 2011), 8,129,362 (“Combination/Association of Adapalene and Benzoyl Peroxide for Treating Acne Lesions,”…
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Classen Immunotherapies, Inc. v. Elan Pharmaceuticals, Inc. (Fed. Cir. 2015)

By Andrew Williams — The Hatch Waxman statute created a safe-harbor provision, found at 35 U.S.C. § 271(e)(1), that allows ANDA filers and others to practice patented inventions without fear of infringement liability, provided the acts are “solely for uses reasonably related to the development and submission of information” to the FDA. Even though the plain language of the statute appears to indicate that the exemption to infringement would be narrow, the Supreme Court and the Federal Circuit have been gradually expanding its scope. Earlier this week, the Federal Circuit continued this expansion in Classen Immunotherapies, Inc. v. Elan Pharmaceuticals,…
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Broadening and Narrowing Claims Post Issuance

There is some amount of tension between the Federal Circuit’s 2012 en banc decision in Marine Polymer Tech. v. HemCon (Fed. Cir. 2012) and the court’s recent finding in ArcelorMittal v. AK Steel (Fed. Cir. 2015). Both cases involved post-issuance proceedings where a claim’s scope had changed even though the claim itself had not been amended. The underlying issue […]
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Data: Counting Fee Shifting Cases

Earlier I posted an essay by Hannah Jiam titled Emerging Trends Post-Octane Fitness.  Ms. Jiam has also provided a copy of the data underlying her essay available for download here: OctaneSpreadsheet (Excel File). If you use her data, make sure that you cite her as its source. – Dennis
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