Life Sciences

January 10, 2007

MedImmune Prevails At Supreme Court

Happy New Year from the IP Blawg. The U.S. Supreme Court got 2007 off to a roaring start with its eagerly anticipated decision in the case of MedImmune, Inc. v. Genentech, Inc. In an 8-1 ruling interpreting the “case or controversy” clause of Article III of the Constitution, the Court held that a patent licensee need not cease paying the...

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June 23, 2006

The Supreme Court Punts On Patentability

In a decision that has many court watchers scratching their heads, the U.S. Supreme Court yesterday “dismissed as improvidently granted” the writ of certiorari in Laboratory Corporation of America v. Metabolite Laboratories, Inc. The one-sentence per curiam ruling put an end to a case that experienced several strange twists on its way to and from the Supreme Court. Indeed, it...

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June 12, 2006

Merck vs. Integra - Back In The Federal Circuit

We reported last summer on the Supreme Court’s decision in Merck KgaA vs. Integra Lifesciences I, Ltd., in which the Court held that the exemption to infringement under 35 U.S.C. section 271(e)(1) should be given a broader application than that adopted by the Court of Appeals for the Federal Circuit. The safe harbor provision of section 271(e)(1) states that it...

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April 18, 2006

Court Slaps FDA's Wrist

In a rebuke to the FDA, the United States District Court for the District of Columbia last week ruled that the FDA’s failure to act on a New Drug Application (“NDA”) filed by Sandoz, Inc. within 180 days violated a Congressional mandate. The court entered summary judgment in favor of Sandoz and ordered the FDA “to take appropriate action” to...

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April 14, 2006

Blogging About BIO

BIO 2006 met in Chicago earlier this week, and the Blawg was there. BIO, which stands for Biotechnology Industry Organization, is a trade and advocacy group for the biotech and pharmaceutical industries. Its annual BIO conference is its flagship event, and this year almost 20,000 people affiliated with the industry descended on Chicago for three days of meetings, networking and...

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March 10, 2006

The IP Blawg Goes to UC Berkeley’s Stem Cell Initiative Conference

As our loyal readers know, the IP Blawg is keenly interested in the progress of California’s Institute for Regenerative Medicine (“CIRM””). While the trial court considering the validity of Proposition 71 received closing arguments this week, a diverse group gathered at Berkeley’s Boalt Hall School of Law last week for a conference on California’s Stem Cell Initiative to learn about...

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February 21, 2006

The Supreme Court Takes the Plunge On A Patent Case - Again

It was not so long ago that the U.S. Supreme Court would take on a patent case every two or three years. Perhaps in recognition of the growing importance of patents and in response to the much greater number of patent cases being filed, the Supreme Court will likely take on a more prominent role in shaping the patent laws....

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October 25, 2005

The Biodefense Bill Beat

Last week we reported on the opposition of generic drug manufacturers to the National Biodefense Act of 2005 presently pending in the Senate. There have been new developments in the past few days, and the current version of the bill may be more palatable to the generic drug industry. The question now is: Has the legislation been revised enough to...

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October 18, 2005

Generic Drug Manufacturers Contest Biodefense Bill

Bioterrorism entered the public consciousness following 9/11 with the anthrax scare of 2001, and now most people understand the extensive harm that could be created by a bioterrorist act. So, a bill being considered by Congress that would encourage drug manufacturers to develop products, such as vaccines and antidotes, to combat the diseases that a bioterrorist might spread would be...

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October 06, 2005

Stem Cell Banks Go Federal

Over the past few months we’ve discussed stem cell terminology as well as the sources for stem cell transplantation. In order to further advance our discussions, today’s blog considers the nation’s first National Stem Cell Bank. On October 3, 2005, the WiCell Research Institute announced that it had been selected by the National Institutes of Health (“N.I.H.”) to establish and...

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