Tag Archives: patents

Supreme Court Enunciates New Indefiniteness Standard

Noonan

The Supreme Court has once again reversed a decision by the Federal Circuit, in this case involving the proper standard for finding claims indefinite. The case, Nautilus, Inc. v. Biosig Instruments, Inc., overturned the Federal Circuit’s “insolubly ambiguous” test and substituted its own “reasonable certainty” test.  The Court left intentionally unclear the precise ways in which their new test will differ from the Federal Circuit’s abrogated test, leaving it to the lower court to decide Read More >

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What OxyContin Tells Us About the Value of “Evergreening” and Patents

Be.Futureproof

A few weeks ago, the  FDA announced that they would not allow generic versions of older versions of OxyContin. The original formulation of OxyContin goes off patent today. The original formulation did not have “tamper-resistant qualities” that prevent people from “crushing, breaking, and dissolution using a variety of tools and solvents.”  The article reports that the decision will keep Teva Pharmaceuticals and Impax Laboratories from making the older version which the FDA has determined is too dangerous Read More >

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How to Survive the Patent Cliff: Eli Lilly’s CEO at the BIO CEO & Investor Conference

Fireside Chat

Like a number of companies, Eli Lilly is confronting a wave of patent expirations called the patent cliff. The company lost U.S. patent protection on the anti-psychotic Zyprexa in the fall of 2011 and they’re facing the losses of the antidepressant Cymbalta in December of 2013 and the osteoporosis drug Evista in 2014. The loss of protection endangers the company’s ability to profit from the drugs and they could face a $25 billion loss in Read More >

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Seed Patents: How Innovation May Get Lost in the Grain Elevator

Seeds

The Bowman v. Monsanto case currently on petition for a writ of certiorari to the Supreme Court highlights some unique aspects about protecting agricultural biotechnology innovation. On April 2, the Supreme Court invited the Solicitor General to file a brief to explain the views of the United States on the Federal Circuit’s refusal to find patent exhaustion and whether an exception to that doctrine should be created for self-replicating technologies. Before making recommendations about patent Read More >

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Prior User Rights and Trade Secrets

Research

By Joe Allen, President, Allen and Associates One theme of the day is the cloud of uncertainity overhanging the US patent system. This was underscored in the Prior User Rights and Trade Secrets session at the 2012 BIO International Convention as well. The new prior user rights defense which came into effect with enactment of the America Invents Act (AIA) was very differently viewed by the small biotech company perspective given by Mary Ann Dillahunty (Oncolytics Read More >

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