Bits and Bytes No. 102

  • PPAC Nominations are due by May 15 – The new PTO director will presumably pick the nominee and will likely have time to suggest a nominee.
  • IP Scholars Conference 2009: This annual event will be held at Cardozo Law in NYC on August 6th and 7th, 2009. This is usually a large gathering of IP focused academics and academic minded individuals presenting original works-in-progress. Deadline for submissions is April 30, 2009. Individual submissions and questions should be directed to David Morrison at For more information, visit Submissions include topic, abstract, author name, & academic affiliation.
  • ANDA Infringement: Section 271 of the patent act provides a cause of action for patent infringement based on an unauthorized submission of an abbreviated new drug application (ANDA) for a patented drug or method. In a recent decision, the New Jersey district court found that the submission may still be an act of infringement even if the ANDA itself does not provide sufficient information to conclude that the use would be infringing. Instead, “the Court must look to the whole of the product, which means considering its ultimate useable state, as well as the ANDA-contemplated process and compound.”PDL Biopharma, Inc. v. Sun Pharm. Indus. Ltd., 2-07-cv-01788 (NJD March 31, 2009).