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Supreme Court Grants Certiorari in Patent Dispute over Hatch-Waxman Provision

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court will review the Federal Circuit U.S. Court of Appeals' ruling [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], in a case of first impression, that the counterclaim provision...

Sunstein Kann Murphy & Timbers LLP: Pharmaceutical Companies Take Heed — Compulsory Patent License Is Awarded in India

By Thomas Carey and Nancy C. Wilker, Ph.D. As part of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), a signatory country can allow someone to produce a patented product or process without the patent owner's consent. The grounds for justifying a grant of a compulsory...

Sheppard Mullin Richter & Hampton LLP: Section viii Statements -- Still A Viable Route to Generic Approval Where the Application Is Not Claimed in an Orange Book Patent

By Nagendra Setty and Mark E. McGrath In its recent decision in AstraZeneca Pharmaceuticals LP v. Apotex Corp ., Nos. 2011-1182 - 2011-1190 (Fed. Cir. Feb. 9, 2012) (hereinafter the " AstraZeneca Decision") (Rader*, Bryson & Linn), the Federal Circuit affirmed a District of Delaware...

Trips and Bits: An Essay on Compulsory Licenses, Expropriation, and International Arbitration

By Peter B. Rutledge * * Professor of Law, University of Georgia School of Law. Excerpt from Trips and Bits: An Essay on Compulsory Licenses, Expropriation, and International Arbitration , 13 N.C. J.L. & Tech. On. 149 (June, 2012) In the early 1980s, the World Bank forecast that more than 1...

Reverse Payments by Drug Companies: The Supreme Court Declines to Adopt a Bright-Line Test

by Thomas Carey and Nancy Chiu Wilker Ph.D. Excerpt: The Federal Trade Commission has long opposed "reverse payments," the practice by which a pioneer drug company selling a brand-name drug pays a generic drug company to not enter the market. These payments arise in connection with the...