Two Quick Notes

Scott Daniels | April 3, 2012

1.      “Troll Buster” Requests Reexamination

Is it possible to file a reexamination request over the weekend?  Of course, and Jeff Oster, aka, “Troll Buster” proved it by requesting reexamination of two nucleic acid probe patents on Sunday (April Fool’s Day, no less) – U.S. Patent Nos. 5,538,848 & 5,723,591. 

The parallel infringement action in the Northern District of California, however, is a serious matter.  There, Applied Biosystems and Life Technologies have sued Midland Certified Reagent, Biosearch Technologies and Bio-Synthesis in February for infringement of the ‘848 and ‘591 patents, plus three other patents claiming hybridization assay probes.  Presumably, reexamination requests for the other three patents are on the way.

2.      PTO Board Affirms Rejection of Genzyme’s Doxercalciferol Patent

Last Thursday, the Patent Office Board of Appeals affirmed the reexamination rejection of the claims of Genzyme’s U.S. Patent No. 7,148,211 as obvious over the prior art.  The ‘211 patent, that has been the subject of several major infringement actions in Delaware and the Eastern District of Illinois, claims a parenteral formulation containing doxercalciferol with a specific antioxidant.

Ten days ago, Judge Robert M. Dow determined that a related Genzyme patent was valid and infringed by Pentech Pharmaceutical and Cobrek Pharmaceutical. 

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