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Update on the Proposed TRIPS Waiver at the WTO: Where is it Headed, and What to Expect?

On June 8-9, 2021, the World Trade Organization’s (WTO) TRIPS Council will hold their first meeting in the wake of the U.S. Trade Representative (USTR) announcing “the Biden-Harris Administration’s support for waiving...more

GSK v. Teva and Induced Infringement by AB-Rated Generics: Where Are We Now?

The Federal Circuit’s October 2020 split decision in GSK v. Teva made waves throughout the pharmaceutical industry and among Hatch-Waxman litigators.  In the broadest reading, some see the majority opinion as rendering any...more

The Federal Circuit’s Ball Metal Decision Raises Important Considerations for Pharma and Biologics Patents

The U.S. Court of Appeals for the Federal Circuit’s New Year’s eve opinion in Ball Metal v. Crown Packaging, though nonprecedential, raises important considerations for pharmaceutical and biologics patents – where patent...more

Federal Circuit Rules On Standing To Appeal From PTAB In The Hatch-Waxman Context, And Addresses Obviousness Challenges To Prodrug...

On January 11, 2019, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion affirming the decision of the Patent Trial and Appeal Board (“PTAB”) in an inter partes review proceeding (“IPR”) finding...more

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