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Archive for the ‘Pharmaceuticals’ Category

Written by Mehdi Eddebbarh & Jack Burns Edited by Albert Wang Editorial Policy I. Introduction Patent law strives to stimulate innovation by awarding inventors a temporary monopoly over patented inventions.  Antitrust law seeks to ensure efficient competition, in part by restricting monopolistic behavior.  Perhaps the most scrutinized area of intersection between patent law and antitrust law is the proper treatment of “reverse payments,” also referred to as “pay-for-delay” settlements.  Arkansas Carpenters Health and Welfare Fund v. Bayer AG, 625 F.3d ... Read More...
Posted On May - 13 - 2011 Comments Off READ FULL POST
Federal Circuit Rules Federal Law Trumps State Law in Interpretation of Patent Ownership Rights By Flora Amwayi – Edited by Jonathan Allred Abraxis Bioscience, Inc. v. Navinta LLC, 2009-1539, 2011 WL 873298 (Fed. Cir. Mar. 14, 2011) Slip Opinion The Federal Circuit denied a petition for an en banc rehearing of a Federal Circuit panel order dismissing Abraxis’ patent infringement case against Navinta. The court dismissed the case on the grounds that Abraxis did not have standing to sue for ... Read More...
Posted On Mar - 28 - 2011 Comments Off READ FULL POST
Federal Circuit Throws out $1.67 Billion Jury Verdict for Lack of Written Description Centocor Ortho Biotech, Inc. v. Abbott Lab., No. 2010-1144 (Fed. Cir. Feb. 23, 2011) By Katie Booth – Edited by Chinh Vo Slip Opinion The Federal Circuit recently ruled that a district court erred when it declined to grant the motion of defendant Abbott Laboratories (“Abbott”) for JMOL that the plaintiff’s asserted patent claims were invalid. In so holding, the court set aside a jury verdict of ... Read More...
Posted On Mar - 3 - 2011 Comments Off READ FULL POST
Federal Circuit rules that prosecution laches requires evidence of prejudice By Jonathan Allred – Edited by Elizabeth Akerman Cancer Research Technology Ltd. v. Barr Laboratories, Inc., No. 2010-1204 (Fed. Cir. Nov. 9, 2010) Slip Opinion The Federal Circuit overturned the District Court of Delaware, which had ruled that the plaintiff’s patent was unenforceable for prosecution laches, and, in the alternative, invalid for inequitable conduct. Prosecution laches is an equitable defense to infringement when the plaintiff has delayed the prosecution of ... Read More...
Posted On Nov - 17 - 2010 Comments Off READ FULL POST
By Dorothy Du Facebook Plans to Fix Privacy Flaw that Allows “Apps” to Share User Information The Wall Street Journal reports that Facebook applications (“apps”) have been transmitting user-IDs to dozens of third parties. These third parties include advertising and data-gathering companies, which use and sell the information. The Electronic Frontier Foundation reports that all of the top ten Facebook.com “apps,” including FarmVille and Mafia Wars, are guilty of such actions in violation of their web developer agreements with Facebook. ... Read More...
Posted On Oct - 25 - 2010 Comments Off READ FULL POST
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