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Myriad decision applied in diagnostic claims case

US06-11-2013Legal developments

The US District Court for the Northern District of California has found that diagnostic claims covering conventional detection methods do not make the use of a natural phenomenon patent eligible.

Botox prevails with Botulex challenge


A US trademark for Botulex would be too confusingly similar to Botox if granted, the Trademark Trial and Appeal Board has ruled.

Pfizer wins IL-13 priority over Sanofi


The US Court of Appeals for the Federal Circuit affirmed on Tuesday that pharmaceutical company Pfizer can patent a DNA polynucleotide ahead of rival Sanofi-Aventis.

Novartis petitions FDA on biosimilar naming convention


Novartis has urged the FDA to allow biosimilars to bear the same international nonproprietary names as their reference products.

Indian Patent Office rejects bid for cancer drug compulsory licence


The Indian Patent Office has rejected an application for a compulsory licence that was filed by domestic drug maker BDR Pharmaceuticals.

No plant SPCs after emergency orders – CJEU

EU, Germany31-10-2013

Europe’s highest court has said supplementary protection certificates for plant protection products cannot be granted after the same product has been authorised on emergency grounds.

GE Healthcare accused of microscope patent infringement


A US company has filed a lawsuit against global healthcare company GE Healthcare , alleging it has infringed its patented microscope technology.

Bayer’s compulsory licence appeal set to start in India


A court appeal by Bayer against India’s first ever compulsory licence on its patented cancer drug will start today, October 29.

Californian governor vetoes biosimilars bill


The governor of California, Jerry Brown, has refused to sign legislation seeking to introduce changes to the state’s pharmacy law on biosimilars.

Arnold clears conflict of interest in SPC trial


Mr Justice Arnold has refused to recuse himself from a patent trial after he was accused of being conflicted by an expert witness.

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