The Iowa Law Review article "Patentable Subject Matter" authored by Charlie Damschen, an associate with Davenport's Hamilton IP Law, focused on how courts should judge whether certain software qualified for patent protection. This article has recently been cited by the Franklin Pierce Law Center in its Petition for a Writ of Certiorari amicus brief to the U.S. Supreme Court. Later, Damschen's paper was also cited by William M. Schuster in his article in the Columbia Science and Technology Law Review.

This article focuses on the merits of a patent case similar to Bilski v. Kappos, which is now before the U.S. Supreme Court.  Oral arguments for this case were heard in November and it looks like a decision will come down this spring.  "It's a thrill that my thoughts on this issue are being considered at a national level," cited Damschen.

In the Bilski v. Kappos case, Bilski filed a patent covering a method of hedging risk in the field of commodities trading. Because software is a method performed by a computer, courts treat it as a method when determining patentability. The Court of Appeals for the Federal Circuit ruled the method in Bilski as non-patentable subject matter and decided a method must transform a particular article into a different state for the method to be eligible for patenting. The software and related services sector employ 1.7 million people earning an average of $85,000 annually. The outcome of this case will undoubtedly affect this industry's growth.

Hamilton IP Law aids entrepreneurs in securing protection for all forms of intellectual property.  The firm serves a variety of specializations, including software, agricultural equipment, electrical components and industrial processes.  Hamilton IP Law provides counsel ranging from individual inventors to medium-sized businesses.  Its founder, Jay Hamilton, is a member of the Scott County Bar Association, a board member of the Quad City I-Club and a frequent guest lecturer at various small business and inventor forums.

FOR MORE INFORMATION

Contact: Charlie Damschen

331 West 3^rd Street, Davenport, IA

Phone: (563) 441-0207

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WASHINGTON --- Senator Chuck Grassley has asked the Food and Drug Administration about progress made to improve foreign drug inspection, following commitments made by the agency when Baxter International temporarily suspended production of its blood thinner heparin in 2008 because of adverse reactions.

"My letter today follows up on oversight I did at that time because requirements the FDA already had in place then were not met by the FDA, and the drug company itself didn't have a system to check the quality of upstream providers of the drug components.  In fact, pharmaceutical companies aren't required to have those checks in place," Grassley said.  "I will continue asking the FDA for information and working to hold the federal agency accountable in its work to protect the safety of the drugs in our medicine cabinets."

Since 2007, Grassley also has twice filed legislation to dramatically beef up the FDA's foreign inspection operation, including enhanced enforcement for quality and safety violations.  The legislation, which Grassley had introduced with the late Senator Kennedy, hasn't been passed by Congress.  China is one of the largest exporters of pharmaceutical products to the United States.  Following questions raised by Grassley and others in 2007 and 2008 about the inadequate foreign inspections, the FDA has opened an office in China to facilitate inspections.

Below is the text of the letter Grassley sent today to the FDA Commissioner.

February 16, 2010

The Honorable Margaret A. Hamburg

Commissioner

U.S. Food and Drug Administration

10903 New Hampshire Ave.
Silver Spring, MD 20993

Dear Commissioner Hamburg:

As Ranking Member of the United States Senate Committee on Finance (Committee), I have a special responsibility to the more than 100 million Americans who receive health care coverage under those programs to ensure that taxpayer and beneficiary dollars are appropriately spent on safe and effective drugs and devices.

In 2007 and 2008, I wrote a series of letters to the Food and Drug Administration (FDA/Agency) inquiring about the Agency's oversight of foreign-made drugs and active pharmaceutical ingredients (API).  I appreciate FDA's responses to my letters and look forward to the Agency's continued cooperation.

Almost two years ago, in February 2008, Baxter International (Baxter) had announced that it had temporarily suspended production of its blood thinner heparin because of increased reports of serious adverse events, in particular allergic reactions, associated with the use of its drug.  The company recalled its heparin sodium injection single-dose vials, the remainder of its multiple-dose vials, and the heparin flush products from the market.  Prior to the recall of its products, Baxter manufactured about 50 percent of the heparin used in the United States.  Thus, there were serious concerns about whether or not this country would have enough heparin to meet patient needs.

After several months of investigation, the FDA and the Centers for Disease Control and Prevention concluded that the adverse events were caused by heparin contaminated with oversulfated chondroitin sulfate.  According to the FDA, this contaminant was found in heparin API produced by Baxter's API supplier in China, Changzhou Scientific Protein Laboratories (SPL), as well as more than 10 other Chinese facilities in the heparin supply chain.  In addition, the Agency revealed that due to human error, the FDA had failed to conduct a pre-approval inspection of Changzhou SPL in accordance with its pre-approval inspections program to ensure compliance with current good manufacturing practices (CGMP).

Despite its own audits and inspections of the API supplier, Baxter did not discover that its heparin API supply was contaminated because the company did not have mechanisms in place to ensure that the upstream providers, such as the crude heparin processors and slaughterhouses, were providing quality product to Changzhou SPL.  Baxter and other heparin manufacturers, however, are not required to have such mechanisms in place.  FDA has stated that API and drug manufacturers "frequently audit suppliers of critical materials" but the audits are not a requirement of the CGMP regulations for finished pharmaceuticals.  Nonetheless, there was one heparin manufacturer, APP Pharmaceuticals, which had a traceable distribution system that did allow it to trace crude heparin from the API supplier to the workshops and pig farms.  That company was able to increase its heparin production capacity and take over as the major supplier for the U.S. market after Baxter's product recalls.

Investigation of the contamination of the U.S. heparin supply in 2008 highlighted the need to improve FDA's protection of the safety of products made in this country and abroad.  In fact, the FDA acknowledged at a press conference on April 21, 2008 that the heparin problem "illustrated the need for [the FDA] to focus on enhanced regulation and scrutiny of the whole supply chain for drugs, including all sources of materials, including the natural sources."  In the Agency's response to me, dated June 5, 2009, the FDA also stated that "Aside from a traceable distribution system, it is imperative that both the API and drug product manufacturer establish and implement procedures and controls to secure and assure the integrity of the supply and distribution chain."

In response to the heparin contamination, the FDA announced a number of efforts it was implementing to prevent similar incidents from occurring in the future, including the establishment of an FDA presence abroad by opening field offices in China, India and Latin America, as well as the pursuit of international agreements to augment its foreign inspection program.  The FDA also stated that the FDA and international regulators had agreed to hold an inspection summit in 2009 to apply the lessons learned from the heparin contamination.  In addition, the FDA stated in its letter to me that it is collaborating with several pharmaceutical associations "to establish more robust systems and procedures to qualify suppliers of pharmaceutical ingredients and assure the identity and purity of batches of incoming ingredients."

I am writing today to follow up on the status of FDA's initiatives to improve its foreign drug inspection program, in particular any efforts to prevent tainted final dosage forms and API from entering this country.  I would also appreciate a response to the following requests:

· A reporting of FDA's plans to ensure the safety and quality of drug products that are imported into this country, including efforts to improve surveillance, technology and testing capabilities, to harmonize regulatory standards and procedures, and to enhance the Agency's regulation of the whole supply chain of drugs.

· If FDA conducted its own assessment of how the Agency handled the heparin contamination, a copy of any report or memorandum generated from that assessment, including any recommendations and lessons learned.

· A status report on FDA's review of reports of adverse events occurring after heparin administration and the number of deaths and adverse events that have been determined to be epidemiologically associated with use of the contaminated product.  During the April 21, 2008 FDA press conference, the Agency stated that there were 81 deaths linked to the allergic reactions that may have been caused by contaminated heparin.  A month earlier, on March 5, 2008, the Agency stated that it had received 785 reports of adverse events.  FDA's webpage on adverse event reports and heparin, last updated July 1, 2009, shows that between January 1, 2007 through May 31, 2008 there were 146 reported deaths that included one or more allergic symptoms that is associated with use of the contaminated heparin.  The webpage, however, does not identify the total number of other adverse events reported to the FDA.

Thank you for your assistance on this important matter.  I would appreciate a response to the requests set forth in this letter by no later than March 2, 2010.

Sincerely,

Chuck Grassley

United States Senator

Ranking Member of the Committee on Finance

On Saturday, February 27 at 10:00 am, the Wapsi River Environmental Education Center will host a Winter tree identification program. Families and individuals are invited to be Winter tree detectives!  Participants will learn how to identify trees by looking at the bark, buds and seeds.  Please call to register (563) 328-3286.

Also on Saturday, February 27 at 1:00 pm, the Wapsi River Environmental Education Center will host a maple syruping demonstration. Join Tom Greene as he discusses the history and procedure of tapping trees for syrup.  Handouts and where to find tapping equipment wil be provided to participants.  Please call (563) 328-3286 to register.

The Wapsi River Environmental Education Center can be found 6 miles south of Wheatland or 1 mile northwest of Dixon, Iowa, by taking County Road Y4E. then turn north at 52nd Avenue and follow the signs for about 1 mile.

$27,500 in Scholarship Money Given at Premier Night of the Iowa-Illinois Regional Auto Show.

(Davenport) The Community Foundation of the Great River Bend is pleased to announce the 2010 recipients of the Iowa-Illinois Regional Auto Show Scholarships:

Francesca Byczynski - Rock Island High School - Rock Island; The letter of recommendation was from Lujack Northpark Auto Plaza, Davenport. Francesca was awarded $5000.

Celine Hartman - Rock Falls High School - Rock Falls; the letter of recommendation was from Dixon Ford Lincoln Mercury Volkswagen Mazda, Dixon, Illinois. Celine was awarded $3,500.

Mitchel Heiar - Sherrard High School - Sherrard; the letter of recommendation was from Eriksen Chevrolet-Buick Inc, Milan. Mitchel was awarded $3,500.

Owen Pomije - Rock Island High School - Rock Island; the letter of recommendation was from Lujack Northpark Auto Plaza, Davenport.  Owen was awarded $5,000.

Mathew Purl - Assumption High School - Davenport; the letter of recommendation was from Reynolds Motor Co., East Moline. Mathew was awarded $3,500.

Benjamin Schwind - Central High School - Davenport; the letter of recommendation was from Lujack Northpark Auto Plaza, Davenport.  Benjamin was awarded $3,500.

Kelsey Swan - Rockridge High School - Taylor Ridge; the letter of recommendation was from Sexton Ford, Moline.  Kelsey was awarded $3,500.

The Auto Show has given to date over $150,000 in scholarships to 55 area students. Proceeds from the Auto Show support the Scholarship Fund. A special presentation of $15,000 was made by the Quad City Times to be deposited to the scholarship fund from sales efforts of the Auto Show Special Supplement. Sponsors of the Premier include : IH Mississippi Valley Credit Union, AutoTrader.com, Automated Data Processing, Detailers Training & Services, and Enterprise Car Rental.