Technology & Law

The law follows the technology...

Topics

DOES SIZE MATTER: THE CASE OF AN ANTI-NARCOLEPTIC DRUG, MODAFINIL?

First posted on spicyip.com on July 30, 2011 Modafinil About a month ago, the UK Chancery division patents courts (England and Wales) rendered an opinion (Justice Floyd) regarding claim construction in defining size of particles of an anti-narcoleptic drug, modafinil, in pharmaceutical compositions.  The patent court construed patent claims to determine whether there is an infringement, if any.  Facts:  The dispute involves three patents related to the drug modafinil, used to treat sleep disorders such as narcolepsy.  Orchid Europe is the manufacturer of generic modafinil and Mylan intended to manufacture the drug in UK.   Cephalon is the proprietor, an exclusive li... Continue reading

SHOULD THERE BE A NUMERICAL QUANTIFIER FOR SECTION 3(D)?

First posted on spicyip.com on May 31, 2010Claim 1 of patent 207232 provides: The compound 2-(2-amino-l,6-dihydro-6-oxo-purin-9-yl) methoxy-3-hydroxy-l-propanyl-L-valinate or a pharmaceutically acceptable salt thereof, in the form of its (R)- or (S)-diastereomers, or in the form of mixtures of the two diastereomers. The reasoning for §3(d) is based upon an obviousness analysis (§§ 2(1)(j), 2(1)(ja) inventive step). But the decision cannot substitute an obviousness analysis for the analysis required under § 3(d), because § 3(d) sets a higher bar than the inventive step analysis. In this case, the mono ester was demonstrated to have more bio-availability compared to that of bis ester of ... Continue reading

ANALYZING THE RESULTS OF THE PATENT AGENT EXAMINATION 2010

This post was prompted by the comments received on the post for results of the patent agent examination 2010. (Originally posted - May 18, 2010 on spicyip.com A few words about the data analysis in the accompanying chart:The patent office stated that the number of people who appeared for the exam was 1019. However, the data when completely collated showed 1018 people who took the exam (1274 registered and 256 absent). However, the figure taken by the patent office is assumed to be correct. The pass percentages have been provided for each city with and without the absentees included. An average of marks, a standard deviation measure, and maximum and minimum marks in each part of the exa... Continue reading