Dilip Shah, founder of the Indian Pharmaceutical Alliance (IPA) the organisation that represented the interests of Indian drug makers passed away in Mumbai on Friday. He was 77. Known in the industry as “DG”, Mr Shah started the IPA when the Indian pha…Continue Reading ...
Ellen ‘t Hoen writes: On 1 February 2019, article 53(3), second sentence of the Dutch Patent Act 1995 came into force introducing a patent exemption for the preparation of medicines in a pharmacy.Continue Reading ...
Yesterday’s IPWatchdog webinar, “How to Evolve Your IP Strategy Over Time,” focused on the trouble companies—both large and small—can run into when they don’t take the time to audit and implement concrete strategies to ensure they are focusing on developing valuable, rather than merely voluminous, IP portfolios. Michael Gulliford, Managing Principal at Soryn IP Group, said that there is often “a disconnect between the academic exercise of building a patent portfolio and the reality of running a…
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By Kevin E. Noonan — This decision of the Federal Circuit in Dr. Falk Pharma GmbH v. GeneriCo, LLC involves disqualification due to conflict of interest of counsel representing Mylan Pharmaceuticals in three separate appeals. As set forth in the begin…Continue Reading ...
$$ A solenoid coil 17 is arranged to create magnetic flux to attract the moving pole 10 towards a static pole 18. / ソレノイドコイル１７が、磁束を作り出して可動ポール１０を静止ポール１８に引寄せるように構成される。(USP8757583)
$$ If the tip is static, the force will displace the tip relative to the sample surface. / 先端が静止している場合、この力は試料表面に対して先端を移動させる。(USP8479310)
$$ FIG. 14 shows an embodiment of the apparatus incorporating a corrector plate to reduce the over-dimensioning of the main static reflector lens, / 図１４は、主静止レフレクタレンズの寸法の過剰度を減少させる補正板を有する装置の実施形態を示す図である。(USP6587246)
$$ For simplicity the background is assumed to be stationary, but this need not be the case. / 簡略化の目的で、背景は静止していると仮定するが、そうである必要はない。(USP8358878)
$$ An image is built up progressively by scanning the spot over the specimen or by scanning the specimen relative to a stationary spot. / 試料上のスポットを走査することによって、または静止するスポットに対して試料を走査することによって、像が累進的に構築される。(USP6429967)
$$ In particular, two hands may be required to compress the sleeve, or to compress one end of the sleeve whilst holding the other still. / 特に、スリーブを圧縮するために、またはスリーブの一端を圧縮し、同時に他端を静止状態に保持するのに両手が必要であり得る。(USP8361034)
$$ The apparatus may comprise conventional lens elements or groups of such elements of the type commonly found in the lenses of conventional video/still cameras. / 装置は、従来からのビデオ／静止画カメラのレンズにおいて一般的に見ることができる種類の従来からのレンズ素子、またはそのような素子の群を備えることができる。(USP8294080)
$$ A lamp as claimed in claim 22, wherein the quiescent vapor pressure is 10 ton or less. / 前記静止蒸気圧は、１０トル以下であることを特徴とする請求項２２に記載のランプ。(USP8421358)
$$ The flat leaf spring members 50 assists in returning the mechanism to rest when the door is opened. / 平坦な板ばね部材５０は、ドアが開けられたときに、静止するようにこの機構を戻す手助けをする。(USP8925250)
$$ The stylus has a surface contacting tip and deflection from its rest position is measured by transducers. / スタイラスは表面接触先端を持ち、その静止位置からの撓みがトランスデューサにより測定される。(USP8908901)
$$ The satellite may be a geostationary satellite providing coverage over a global area. / 衛星は、世界の領域を網羅する静止衛星であってよい。(USP8897403)
$$ A particular example of this occurring is that of geostationary satellites. / この発生の特定の例は、静止衛星のそれである。(USP8674893)
$$ It represents changes as a vehicle accelerates from a standing start at time t0. / それは、車両が時間ｔ０における静止スタートから加速するときの変化を示す。(USP8989970): standing
$$ One is encountered upon "launch"–i.e. when applying drive to the PTO output to accelerate it from a standstill to the required operating speed. / １つの欠点は「発進」時即ち静止状態から所要の作動速度へ加速するために駆動力をＰＴＯシャフトに適用した時に体験する。(USP8733191): standstill
$$ The third operation that is performed is to separate the identified upright posture classification into active and quiet periods. / 第３工程は、直立姿勢と分類確認された種別を、さらに活動期間と静止期間とに分けることである。(USP8342045): quiet
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It seemed like a trade secret trifecta when Congress in 2011 passed the America Invents Act (AIA). Although the statute was aimed at patent reform, it made three helpful changes in how trade secrets are treated. First, companies could hold onto secret information about an invention without risking invalidation of their patents for failing to disclose the “best mode” of implementing it. Second, the “prior user right” that guarantees continuing use of a secret invention, even if someone else…
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To an electrical engineer like me, the Hachimoji DNA discussed in this New York Times article [link] (https://www.nytimes.com/2019/02/21/science/dna-hachimoji-genetic-alphabet.html ) seems pretty groundbreaking. It will be interesting to see how it influences patent claiming for my friends in the biotech area. In a quick search, I did not see any issued patents that reference “Hachimoji.”Continue Reading ...
On Wednesday, February 20, the U.S. Supreme Court heard oral arguments in Mission Product Holdings, Inc. v. Tempnology, LLC, where the Court was asked to address one of the most important issues at the intersection of trademark law and bankruptcy law: whether a debtor-licensor’s rejection of a trademark license terminates the rights of the licensee to use that trademark. Taking seriously the language of the question presented, and generally acknowledging that 11 U.S.C. § 365(g) provides that…
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Back on 7 Jan 2019, IPBiz posted on some bad reporting by Lesley Stahl:
Lesley Stahl “at it” again in sad piece on biotech, Marshall Medoff, Xyleco
See also a post on 11 Jan 2019
60 minutes promotes biomass scam including text
Medoff’s company, Xyleco, has also garnered hundreds of millions of dollars from investors impressed with his inventive use of accelerators. Sixty minutes describes this as his “novel idea of using these large blue machines called electron accelerators to break apart nature’s chokehold on the valuable sugars inside plant life – or biomass”.
But wait! There are thousands of research papers going back as far as Imamura (1972) about using electron accelerators to break down lignocellulosic biomass. This is done to create more surface area for the next step, in Xyleco’s case, enzymes to break down the cellulose further. Other ways biomass can be shattered are milling, chipping, shredding, grinding, and pyrolysis.
Xyleco isn’t yet in business, so it remains to be seen if the founder’s name ought to be Madoff rather than Medeff.Continue Reading ...
There has been an issue with the presentation, in the office of Congressman Drew Ferguson, of a page in an 1897 biography of Robert E. Lee.
See for example
A Confederate book was open to a racist passage in a Georgia GOP congressman’s office. He blamed his staff.
One irony here is that the book, published in 1897 during the time of proliferation of the “Lost Cause” theme, was meant to paint Lee in a favorable light, and text from that particular page is frequently quoted to that end.
Another observation, not being discussed, is that the quote being referenced from that page, is from a letter by Lee to his wife in December 1856.
To see something that is more clearly racist, consider the slogan of Democrat nominee Seymour during the 1868 presidential campaign:
Reading the Man: A Portrait of Robert E. Lee Through His Private Letters
By Elizabeth Brown Pryor, Robert Edward Lee
The page in question from the 1897 book:Continue Reading ...
The outcome was disqualification:
At issue are three motions to disqualify Katten Muchin
Rosenman LLP as counsel for Mylan Pharmaceuticals Inc.
(“Mylan”) in three appeals before this court. Valeant Pharmaceuticals
International, Inc. (“Valeant-CA”) and Salix
Pharmaceuticals, Inc. (“Salix”) move to disqualify in Valeant
Pharmaceuticals International, Inc. v. Mylan Pharmaceuticals Inc.,
No. 2018-2097 (“Valeant II”), Salix moves to
disqualify in Salix Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc.,
Nos. 2017-2636, 2018-1320 (“Salix II”), and
Valeant-CA and Salix move to disqualify in Dr. Falk
Pharma GmbH v. GeneriCo, LLC, No. 2017-2312 (“Dr. Falk
II”). Because we find that Katten has an ongoing attorney client
relationship with Valeant-CA and its subsidiaries,
including Salix, we conclude that Katten’s representation
of Mylan in these appeals presents concurrent conflicts of
interest. Therefore, we grant the motions to disqualify.
Of the issue
Specifically, Salix—a movant in all three appeals—
is a wholly-owned subsidiary of Salix Pharmaceuticals,
Limited, which is a wholly-owned subsidiary of ValeantDE, which is an indirect,
wholly-owned subsidiary of Valeant-CA. Bausch & Lomb is also an indirect subsidiary of
Valeant-CA and an affiliate of the above-listed entities.
Valeant-CA contends that it has been a longstanding
client of Katten, both directly and through its subsidiaries.
Mukerjee and Soderstrom, then at Alston & Bird, represented Mylan
throughout the district court litigation. On
May 3, 2018, Mylan notified the district court that Mukerjee and Soderstrom
had left Alston & Bird to join Katten.
On May 25, 2018, Valeant-CA filed a motion to disqualify
Katten in the district court action. Mylan timely appealed
the district court’s summary judgment on June 22, 2018.
Valeant-CA then filed a motion to disqualify Katten in this
court on July 9, 2018, and the district court stayed a decision
on the motion to disqualify pending before it. We
stayed the parties’ briefing on the merits in this appeal
pending our decision on the motion. Valeant II, ECF No.
Of applicable rules
In Valeant, the relevant regional circuit is the
Third Circuit, which applies the professional conduct rules
of the forum state. See United States v. Miller, 624 F.2d
1198, 1200 (3d Cir. 1980). The forum state, New Jersey,
has adopted the Model Rules of Professional Conduct. N.J.
Rule of Prof’l Conduct 1.7(a). In Salix, the relevant regional
circuit is the Fourth Circuit, which applies the rules
of professional conduct of the forum state. See Shaffer v.
Farm Fresh, Inc., 966 F.2d 142, 145 (4th Cir. 1992). The
forum state, West Virginia, has also adopted the Model
Rules. W. Va. Rule of Prof’l Conduct 1.7(a). Finally, in Dr.
Falk, the U.S. Patent and Trademark Office is the relevant
forum and it has also adopted the Model Rules. 37 C.F.R.
34 to Rule 1.7, which addresses “organizational clients,”
A lawyer who represents a corporation or other organization does not,
by virtue of that representation, necessarily represent any constituent or
affiliated organization, such as a parent or subsidiary. See Rule 1.13(a).
Thus, the lawyer for an organization is not barred from accepting
representation adverse to an affiliate in an unrelated matter, unless the circumstances are such
that the affiliate should also be considered a client
of the lawyer, there is an understanding between
the lawyer and the organizational client that the
lawyer will avoid representation adverse to the client’s affiliates, or the lawyer’s obligations to either
the organizational client or the new client are
likely to limit materially the lawyer’s representation of the other client.
Model Rules of Prof’l Conduct r. 1.7 cmt. 34 (Am. Bar Ass’n
2018) (emphasis added). Circumstances in which an affiliate is considered a client of a lawyer can arise by express
agreement or when affiliates are so interrelated that representation of one constitutes representation of all. GSI
Commerce Sols., Inc. v. BabyCenter, LLC, 618 F.3d 204,
210–12 (2d Cir. 2010)
We find this reading of the engagement letter to be irrational.Continue Reading ...
Section 1.2 does not indirectly authorize Katten
to represent parties adverse to Valeant-CA and Salix so
long as Katten remains a non-key firm. Rather, section 1.2
expects a heightened degree of loyalty from key firms,
requiring something more than mere adherence to the ethical
rules. It states that key firms should not represent “any
party” in “any matters” that would conflict with “any Valeant entity.”
Gorman Decl. Ex. A, at § 1.2. This reference
to “any matters” encompasses, as Valeant-CA stated at oral
argument, a “blunderbuss” limitation on key firms to avoid,
not only matters that give rise to ethical conflicts, but also
those that give rise to other types of conflicts. See Oral Arg.
at 9:36. Other types of conflicts could include, for example,
a matter involving the filing of an amicus brief that presents
no ethical conflict under the rules of professional conduct, but that espouses a legal position contrary to one
taken by a Valeant entity in another case. Thus, section
1.2 broadens the degree and type of loyalty expected from
DIANA KWON of The Scientist discusses the retraction by Nature of a paper co-authored by oncologist Nabil Ahmed and Heba Samaha. Of note within her text:
But starting last October, a few weeks after the paper was posted online, comments about potential image manipulation in the article began to appear on PubPeer, and the issue quickly caught the attention of scientists on social media.
Gaetan Burgio, a geneticist at Australian National University who posted a widely circulated Tweet about the manuscript, notes that the extent of alleged image duplication identified in this paper was “quite exceptional.”
According to the retraction notice posted today, the authors are pulling the paper “due to issues with figure presentation and underlying data.” All the authors, except Samaha, the first author, agreed with the retraction.
“Unfortunately, issues were identified in the presentation of several figure panels and the underlying data [in the paper],” Ahmed writes in an email to The Scientist. “I promptly notified the office of research at Baylor College of Medicine, which is looking into the cause of these issues.”
Some commenters on both PubPeer and social media suggested that the duplicated images should have been caught by peer reviewers. But Burgio believes that the responsibility lies with the publisher, not the reviewer. “I think it’s on the publisher to ensure that the paper doesn’t contain any image duplication or plagiarism,” he says. “It’s unfair to rely solely on the reviewer to police the paper.”
Nature currently conducts random spot checks of images in manuscripts prior to publication. “If concerns about a figure in a Nature paper are raised, we have software tools that enable us to evaluate images in detail,” a Nature spokesperson writes in an emailed statement to The Scientist. (The spokesperson also noted that the journal could not comment on individual articles for confidentiality reasons).
Some journals, such as the Journal of Cell Biology and The EMBO Journal, have implemented procedures to screen figures in every article prior to publication. “This [practice] is absolutely admirable,” Ferguson says. “How to screen really carefully for image manipulation prior to publication is something that most journals will have to address.”
As to the issue of plagiarism, IPBiz disagrees with Burgio: it is the people who have knowledge of the field (the reviewers) who should be most responsible for identifying the copying of material, whether it is slavish word-for-word duplication or more subtle forms of intellectual theft.Continue Reading ...
IPbiz has already posted examples of plagiarism identified by readers, who are familiar with the given field, rather than publishers, who are not.
- Industry Experts Weigh in on Thryv v. Click-to-Call Oral Argument
- Agreement on USMCA Strikes Expanded Protections for Biologics
- Federal Circuit Upholds District of Delaware’s Summary Judgment Ruling for Donghee
- This Week in Washington IP: Copyright Office Oversight, Medicare Drug Price Negotiation Bill and the Impacts of AI on Consumers and Labor Markets
- Oral argument in Thryv, Inc. v. Click-to-Call Technologies, LP on 9 December 2019