Proposed Modifications to Rules Governing Appeals Before the Board of Patent Appeals and Interferences Would Bring New Challenges to Appellants

On November 15, 2010, the United States Patent and Trademark Office (USPTO) issued a Notice of Proposed Rule Making and request for comments, proposing modifications...

Biosimilars Regulations Being Developed in Both Europe and the United States

The European Medicines Agency (EMA) issued draft guidelines for “similar biological medicinal products containing monoclonal antibodies” on November 26, 2010, requesting public comment by May...

Drug Developers’ Statements Not Available as Evidence of Obviousness

The U.S. Court of Appeals for the Federal Circuit (CAFC) in Eli Lilly & Co. v. Teva Pharmaceuticals USA, Inc.(Fed. Cir. 2010) affirmed a permanent...

Daiichi Sankyo v. Matrix, Mylan

The U.S. Court of Appeals for the Federal Circuit (CAFC) in Eli Lilly & Co. v. Teva Pharmaceuticals USA, Inc.(Fed. Cir. 2010) affirmed a permanent...

USPTO Obviousness Examination Guidelines Updated

On September 1, the United States Patent and Trademark Office (USPTO) published 2010 KSR Guidelines Update, an update on the guidelines for examination of patent...

Law Could Provide Protection for Fashion Designs

On August 5, 2010, Democratic Senator Charles Schumer and several notable cosponsors, including four Republicans, introduced a bill to extend intellectual property protection to fashion...

United States Patent and Trademark Office Issues Interim Guidance on Machine or Transformation Test

The U.S. Court of Appeals for the Federal Circuit (CAFC) in Eli Lilly & Co. v. Teva Pharmaceuticals USA, Inc.(Fed. Cir. 2010) affirmed a permanent...

Additional Disclosure of Use Revokes Patent Validity

In Sun Pharmaceutical Industries v. Eli Lilly and Co., the Court of Appeals for the Federal Circuit (CAFC) ruled U.S. Patent No. 5,464,826 (US ‘826) invalid...
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