Tag Archives: ip

Supreme Court Reverses In Prometheus v. Mayo!

In a decision dated March 20, 2012, Justice Breyer writing for a unanimous court, held that claims to administering a drug, followed by measuring the levels of metabolites of the drug, in order to optimize the amount administered, are not patent … Continue reading

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Last Chapter In The “Corn Wars” Or Just The Latest?

On February 28, 2012, a three-judge panel of the Fed. Cir. ruled that the Board properly ruled that Monsanto prevailed in interference no. 105,728, involving the patent claims directed broadly to transgenic corn. (A copy of this ruling is found at … Continue reading

Posted in Ag Biotechnology, Interferences | Tagged , , , , , , , , , , , | 1 Comment

Bayer v. Lupin – Patenting The Label Redux

In my post of January 13, 2011, I discussed AstraZeneca LP v. Apotex, a Fed. Cir. decision in which AZ argued successfully that the proposed  Apotex labeling for an anti-asthma drug would induce infringement if the generic were marketed with … Continue reading

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Supreme Court Declines To Review “New And Improved” Written Description Requirement

On Tuesday, the Supreme Court denied Centocor’s (now “Janssen”) petition for cert. and so let stand a ruling that Centocor’s patents on humanized monoclonal antibodies (covering Abbott’s Humira) are invalid for failure to meet the written description requirement (WDR) of … Continue reading

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