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HTMLFederal Circuit Upholds Inequitable Conduct Defense Against Apotex Patent
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
August 22, 2014, previously published on August 18, 2014
In Apotex Inc. v. UCB, Inc., the Federal Circuit upheld the district court’s finding that Apotex’s patent is unenforceable due to inequitable conduct. While affirming on the ground of “but-for materiality,” the Federal Circuit noted that the inventor’s conduct...

 

HTMLSham Hatch-Waxman Infringement Suits And FDA Citizen Petitions; A Potential For New Liability For Innovators?
Robert L. Magielnicki; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 19, 2014, previously published on August 12, 2014
Under what is commonly known as “Noerr-Pennington immunity,” persons exercising their First Amendment right to petition the government for redress are generally immune from antitrust liability, even though their actions may harm competition or competitors. The Supreme Court has...

 

HTMLWith Quantum of Damages Settled, Parties Unable to Agree on Quantum of Costs or Calculation of Pre- and Post-Judgment Interest in Section 8 Case
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
August 19, 2014, previously published on August 14, 2014
In the Federal Court’s earlier decision (summary here), the parties were instructed to attempt to reach an agreement on the quantity of damages and costs in an action for damages under section 8 of the PM(NOC) Regulations. These supplementary reasons report that the parties agreed on the...

 

HTMLCauses of Action Found Against Pfizer for a BC Class-Action Certification Based On the VIAGRA® Patent
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
August 19, 2014, previously published on August 14, 2014
Pfizer had a Canadian patent for VIAGRA® that was found to not comply with the disclosure requirement by the Supreme Court in an earlier PM(NOC) proceeding (Teva Canada Ltd. v. Pfizer Canada Inc., 2012 SCC 60). This finding was later applied on summary judgment in favour of Apotex (Apotex v....

 

HTMLThe Second Circuit Limits the Obligation of A Monopolist to Deal with Competitors
John J. Elliott, Irving Scher; Greenberg Traurig, LLP;
Legal Alert/Article
August 18, 2014, previously published on August 14, 2014
When does breaching a contract also violate the antitrust laws? On June 9, 2014, a unanimous panel of the Second Circuit affirmed a district court ruling that an alleged monopolist patent-holding drug manufacturer’s alleged breach of an agreement to supply the patented drug to competing...

 

HTMLFirst Post Grant Review Petition Shows That Amending Claims Is Not Child's Play
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
August 12, 2014, previously published on August 11, 2014
The first Post Grant Review petition visible to the public was filed August 5, 2014, against U.S. Patent 8,684,420. The patent was granted from an application filed July 26, 2013, but claims priority through a series of continuation applications to an application filed September 8, 2011, and to a...

 

HTMLBeware Hubris - Janssen’s infringement of AbbVie’s patent gets enjoined by the Federal Court
Fiona Legere, Andrew J. Reddon, David Tait; McCarthy Tétrault LLP;
Legal Alert/Article
August 6, 2014, previously published on August 1, 2014
Justice Roger T. Hughes of the Federal Court of Canada granted AbbVie the first-ever limited injunction against a branded pharmaceutical company infringing a branded competitor’s patent. The injunction followed Justice Hughes’ earlier finding that AbbVie’s patent was valid and...

 

HTMLThe USPTO Patent Subject Matter Eligibility Guidance TRIPS Over Treaty Requirements
Simon J. Elliott; Foley & Lardner LLP;
Legal Alert/Article
August 2, 2014, previously published on July 30, 2014
The “Myriad-Mayo” patent subject matter eligibility guidance issued March 4, 2014 reflects the USPTO’s interpretation of Supreme Court cases interpreting and applying 35 USC § 101 to claims involving laws of nature, natural phenomena, and natural products, but the USPTO...

 

HTMLHow Long Is Too Long (or Too Short) for Patent Application Pendency?
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
July 25, 2014, previously published on July 18, 2014
The USPTO is requesting input on the “optimal” targets for its patent application pendency metrics. The USPTO’s current targets are 10 months to a first Office Action and 20 months to grant or abandonment. The USPTO wants to know if you think these targets too long, too short, or...

 

Adobe PDFAny Port in a Storm: The Hatch-Waxman’s (Ever Expanding) Safe Harbor Provision
Andrew P. Ritter; Sughrue Mion PLLC;
Legal Alert/Article
July 25, 2014, previously published on July 2014
Thomas Jefferson, Benjamin Franklin, and the multitude of men and women who helped establish the United States were visionaries in many ways. One of the most important of which was to provide Congress with the power “to promote the Progress of Science and useful Arts, by securing for limited...

 


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