Patent Law Practice Center

Challenge To Unigene’s Osteoporosis Patent Among The Reexamination Requests Week Of 6/20/11

Here is the latest installment of Reexamination Requests from Scott Daniels, of Reexamination Alert and Practice Center Contributor….

Unigene Laboratories obtained a judgment in 2009 against Apotex for infringement of Unigene’s Reissue Patent No. 40,812 coveringUnigene’s FORTICAL® formulation for treatment of postmenopausal osteoporosis.  The only significant issue in that case appears to have been patent validity.  The case is on appeal to the CAFC.  This past Wednesday, reexamination was requested for the ‘812 patent, presumably by Apotex, though the PTO records are not yet clear (see inter partes Request No. (2)).

Reexamination was requested for another Hydro-Quebec lithium battery, but the PTO records don’t yet disclose which one (see inter partes Request No. (3)) – Hydro-Quebec has at least five. (more…)