What follows below is a review of some of the biotech and pharma news stories that caught my attention during the month of January 2014. Please also see Protecting IP is NOT ‘Satanic Genocide’, written by Dr. Kristina Lybecker.
All-Oral, Interferon-Free Therapy for the Treatment of Hepatitis C Genotype 1
On January 31, 2014, AbbVie (NYSE: ABBV) announced the completion of its phase III clinical program and released results of four additional studies designed to assess AbbVie’s investigational all-oral, interferon-free therapy with and without ribavirin (RBV) in patients with chronic genotype 1 (GT1) hepatitis C virus (HCV) infection. These results described below confirm previously reported AbbVie data and further demonstrate high sustained virologic response rates 12 weeks post treatment (SVR12) and tolerability in these GT1 patients. Even in difficult-to-treat patients (cirrhotic patients) achieved 92-96 percent SVR(12) rates.
The AbbVie investigational regimen consists of the fixed-dose combination of ABT-450/ritonavir (150/100mg) co-formulated with ABT-267 (25mg), dosed once daily, and ABT-333 (250mg) with or without ribavirin (weight-based), dosed twice daily. The combination of three different mechanisms of action interrupts the HCV replication process with the goal of optimizing SVR rates across different patient populations.
On January 6, 2014, I had an on the record conversation with Donald Chisum and Janice Mueller, both exceptional and well known patent scholars in their own right. Together Chisum and Mueller form the faculty of the Chisum Academy, which offers a three-day intense seminar that is limited to ten (10) participants.
In part 1 of the interview we discussed patent reform and started to discuss patent eligibility, particularly as it relates to software. We pick up the discussion there.
QUINN:In looking back, Justice Stevens’ decision in Bilski had pieces that would have made for a much easier régime to live under because he did say in one in particular area that the innovation in question in State Street was patentable because it was a device. I’m optimistic that we’re going to get something good out of the Supreme Court in CLS Bank. But having said that, I’m still worried, because it seems to me that they totally missed the boat in Mayo where they said we’re not going to follow the solicitor’s invitation to let sections 102, 103, or 112 invalidate that claim. That wasn’t really an invitation, that’s what the statute mandates and up until then Mayo that was always what the Supreme Court had mandated. So you just never know what you’re going to get from the Supreme Court, but I can’t imagine we’re going to get anything less intelligible than the Federal Circuit en banc decision in CLS Bank. Now Janice, you have spent a lot of time teaching patent law to students. How would you describe that decision to people who are new to this field?
Don Chisum (left) and Janice Mueller (right) at the United States Patent and Trademark Office.
I’ve known Janice Mueller for a number of years dating back to when she was a full time Professor of Law. Mueller wrote, in my opinion, one of the best summaries of patent law and I recommended it to my patent law students, as well as new practitioners, inventors and entrepreneurs. She has now left full time teaching, but she has not left patent scholarship behind. She is now the author of a patent treatise and she co-teaches in the Chisum Academy with Donald Chisum, who everyone in the patent world knows from his definitive encyclopedia of patent law titled simple Chisum on Patents.
Recently Mueller wrote to me to let me know about the upcoming Advanced Patent Law Seminar that the Chisum Academy will host in Cincinnati from March 5, 2013 through March 7, 2013. I floated the idea of doing an on the record conversation with her and Don Chisum, which they both accepted.
In this two-part conversation we discuss everything patents, from patent reform legislation, to patent litigation abuse, to how the Supreme Court and Federal Circuit are handling patent matters and much more.
Without further ado, here is my conversation with these two preeminent patent scholars.
There is a new entry into the patent reform debate. The Main Street Patent Coalition is a national coalition of organizations that says they are dedicated to stopping patent abuse by so-called patent trolls. The Main Street Patent Coalition is encouraging Congress to pass what they call “common sense patent reform legislation.”
The Main Street Patent Coalition members include: the National Restaurant Association, the National Retail Federation, the American Hotel and Lodging Association, the National Grocers Association, the International Franchiser Association, the Application Developers Alliance, the National Association of Realtors, the Retail Industry Leaders Association, the National Council of Chain Restaurants, the American Association of Advertising Agencies and the American Gaming Association. These trade associations say they want Congress to give small businesses a fighting chance against the growing threat of patent trolls.
The Main Street Patent Coalition claims they represent the small business community at large, which has to make you wonder. On their homepage they talk about an innovative, family owned and privately held company named White Castle. According to the LA Time, White Castle has 9,600 employees. How exactly is that a small business? Answer: White Castle is not a small business, at least if you concern yourself with the way the Small Business Administration defines small business. To be a “small business” you have to have no more than 500 employees. Clearly the Main Street Patent Coalition recent press release Small Main Street Businesses Launch Patent Reform Coalitioncarries a misleading, if not false, title.
The Oracle Corporation, based in Redwood City, CA, is a major developer of software solutions for use in organizations. Its products include customer relationship management, database management and supply chain management software, as well as computer hardware, including servers. Oracle’s cloud-based services are enabling some colleges to provide extensive application suites online that create Internet access to a wide range of student services. A major American corporation, Oracle’s presence is growing in many regions of the world, like India, who about two-thirds of domestic corporations anticipate migrating many business services and activities to the cloud.
Companies We Follow has returned once again to the California headquarters of this major corporate software and hardware developer to get a quick look at its recent innovations. The patent applications and issued patents published by the U.S. Patent and Trademark Office that are assigned to Oracle can give us an idea of the near future of enterprise software solutions.
We’re featuring one patent application today that discusses some very interesting improvements to online privacy while using search engines. This system creates data that obfuscates the search query submitted by a user so that it cannot be tracked by a third party, while still providing relevant search results. Other patent applications describing business software innovations include a method of generating consumer decision trees based on in-store transaction records, and a way to prevent others from copying the text of sensitive electronic documents.
The issued patents assigned recently to Oracle highlight some interesting intellectual property holdings that further advance the corporation’s goal in providing inclusive software solutions for businesses. Business connected to a distributed pool of network resources shared with others will benefit from an electronic resource broker agent protected in one patent.
Recently on IPWatchdog, we featured a series of AT&T patents in our Companies We Follow series that protect various technologies for Internet protocol television, or IPTV. More and more, we’ve been noticing various television technologies relying on Internet transmission that have been protected by patents issued from the U.S. Patent and Trademark Office. This prompted us to take a closer look at the current state of Internet Television technologies in America and the surrounding world.
IPTV is much different than the digital video accessed by millions of users on YouTube or other video streaming websites, but it shares a lot of the same ubiquitous, pervasive nature. A single subscription can be accessed by multiple television sets within a home, and Internet-based transmission allows for web-based applications to enhance a viewer’s experience. Our goal today is to explore the the current state of IPTV and Internet television technologies globally, as well as what the near future holds for these entertainment systems.
The report makes some good recommendations for increasing support for start-up formation, but implies that most university technology transfer offices (TTO’s) are not worth their cost because they are not self-supporting through patent licensing income. As Brookings acknowledges, universities spend the vast majority of their licensing revenues rewarding inventors or funding new research, not in supporting technology transfer operations. Brookings recommends that universities shift focus from patent licensing to start-up formation.
Ironically, recommendations from a preceding Brookings study would make both start- up formation and patent licensing more difficult.
How to Write a Patent Application is a must own for patent attorneys, patent agents and law students alike. A crucial hands-on resource that walks you through every aspect of preparing and filing a patent application, from working with an inventor to patent searches, preparing the patent application, drafting claims and more.
Without hesitation I recommend One Simple Idea and think it should be required reading for any motivated inventor. There is so much to like about the book and so much that I think author Stephen Key nails dead on accurate. The book is educational, information and inspirational. For the $14 cover price it is essential reading.
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