Author Archive | James A. Mitchell

Mitchell IP Law Alert – Celebrex Use Patent Invalid

The U.S. District Court for the Eastern District of Virginia invalidated Pfizer’s method-of-use patent on its Celebrex painkiller. The basic chemical patent on Clebrex will lapse May 30, 2014.  Pfizer hoped the method-of-use patent would allow it to maintain market exclusivity on Celebrex through Dec. 2, 2015. Pfizer currently enjoys $3 billion in annual sales from […]

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Former DOW Chemical Patent Litigation Chief Joins Mitchell IP Law

Mitchell IP law is pleased to welcome Bruce M. Kanuch into the firm. Bruce holds a Bachelor of Science degree from Purdue University, his Juris Doctorate Law degree from the University of Minnesota. Bruce specializes in patent prosecution, trademark and copyright law and related contract drafting and negotiation. He was in house patent counsel and patent litigation […]

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PROVISIONAL PATENT APPLICATION CONVERSION DEADLINES

THINGS YOU NEED TO KNOW ABOUT PROVISIONAL PATENT APPLICATION CONVERSION DEADLINES To preserve the benefit of your provisional patent application filing date, you will need to convert the provisional application to a US and/or PCT non-provisional patent application within one year of your provisional application filing date. Failure to do so may result in forfeiture […]

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Alice In Wonderland

FEDERAL CIRCUIT COURT DECISION IN CLS BANK v. ALICE CORP LEAVES INVENTORS AND PATENT ATTORNEYS WONDERING ABOUT HOW TO PATENT SOFTWARE AND BUSINESS METHOD INVENTIONS In 1998,the Court of Appeals for the Federal Circuit, which hears all appeals in patent matters, reversed a long standing precedent that inventions for “methods of doing business” are not […]

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“GO MICRO” At The PTO

 Do You Quality for Patent Office Savings as a “Micro-Entry?” The Patent Office has for many years offered its services at lower rates to “Small Entities,” i.e. individual inventors or companies having fewer than 500 employees. Now even smaller is better.  The passage of the America Invents Act (AIA) in September 2011 created a new […]

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EU Penalizes Reverse Payment Settlement

 As if in counterpoint to the United States Supreme Court decision in FTC v Actavis, Inc., the European Commission has assessed $125.6 million in fines against the Danish company, H. Lundbeck A/S for reverse payment settlements with generic competitors entered into in 2002. The beneficiary generics included Merck, Ranbaxy, and Xellia. The United States Supreme Court, […]

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