The answer? Not much, in itself. If one patent is good, 132 is probably fine too. That was Judge Easterbrook’s reasoning in a recent decision addressing indirect purchasers’ antitrust challenge to AbbVie’s so-called “patent...more
In one of the first district court opinions applying the Federal Circuit’s recent GSK decision on induced infringement in the context of label carve-outs, Judge Richard Andrews in the District of Delaware held that plaintiff...more
1/26/2022
/ Amarin ,
Generic Drugs ,
GlaxoSmithKline ,
Induced Infringement ,
JMOL ,
Life Sciences ,
Marketing ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Product Labels
The recently reversed jury verdict and billion-dollar judgment in favor of Juno Therapeutics on the grounds that the asserted claims did not satisfy the written description requirement of 35 U.S.C. § 112. See Juno...more
11/18/2021
/ Intellectual Property Protection ,
Inventions ,
Life Sciences ,
Patent Applications ,
Patent Litigation ,
Patent Prosecution ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
USPTO ,
Written Descriptions
On August 5, 2021, the Federal Circuit withdrew its October 2020 opinion in GSK v. Teva, summarized in this post on induced infringement of method-of-treatment claims, and issued an opinion that reiterated the prior holding...more
8/20/2021
/ Abbreviated New Drug Application (ANDA) ,
Biosimilars ,
Biotechnology ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
GlaxoSmithKline ,
Induced Infringement ,
Intellectual Property Protection ,
Life Sciences ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Prescription Drugs ,
Product Labels ,
Teva Pharmaceuticals
On July 9, 2021, President Biden issued “Executive Order on Promoting Competition in the American Economy” (the “Executive Order”). The Executive Order was billed by the White House as “historic” and comparable to Teddy...more
7/28/2021
/ Antitrust Provisions ,
Biden Administration ,
Biologics ,
Biosimilars ,
Competition ,
Executive Orders ,
Generic Drugs ,
Life Sciences ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Regulatory Agenda ,
Regulatory Reform