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Author: John Richards | Practices: , | Tags: , , ,

SKIPPING THE PATENT DANCE: U.S. SUPREME COURT IN AMGEN v SANDOZ MAKES IT MORE DIFFICULT FOR PATENT OWNERS TO DELAY MARKETING OF BIOSIMILARS

On June 12, 2017, in a unanimous decision authored by Justice Thomas in Amgen Inc. v. Sandoz Inc., the United States Supreme Court considered the complex statutory scheme that attempts to expedite resolution of patent disputes that might affect the...

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Author: John Richards | Practices: , | Tags: , , , ,

UNITED STATES SUPREME COURT DECISION IN IMPRESSION PRODUCTS INC. V LEXMARK INTERNATIONAL INC.

In 1628, Lord Coke in his “Institutes of the laws of England” summarized the common law on restraints on the alienation of chattels stating that any attempt by a seller to restrict resale or use of the chattel after selling it was “voide,...

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Author: John Richards | Practices: , | Tags: , , , , , ,

TC HEARTLAND LLC v. KRAFT FOODS GROUP BRANDS LLC

Introduction In its decision of May 22, 2017 in Heartland v. Kraft, the United States Supreme Court held that the specific venue provisions applicable to Patent infringement (28 U.S.C. 1400 (b)) limited the courts in which a domestic corporation...

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Author: John Richards | Practices: , | Tags: , , , , , , , ,

Laches not available to defeat patent infringement damages claim: SCA Hygiene Products v First Quality Baby Products

In a 7-1 decision on March 21, 2017, in the case of SCA Hygiene Products AB v. First Quality Baby Products LLC, the United States Supreme Court reversed an en banc decision of the Court of Appeals for the Federal Circuit and held that the equitable...

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Author: John Richards | Practices: | Tags: , ,

Canadian Patent Law’s Invalidation of Patents Under Promise Doctrine Does Not Violate NAFTA

On March 16, 2017, the International Centre for Settlement of Investment disputes rejected Eli Lilly’s claim that the Canadian Courts use of the “promise doctrine” to invalidate patents owned by Eli Lilly and the Canadian government’s...

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Author: John Richards | Practices: , , | Tags: , , , , , , ,

SUPREME COURT RULES IN LIFE TECHNOLOGIES CORP. V. PROMEGA CORP.

On February 22, 2017 in Life Technologies Corp. v. Promega Corp, the Supreme Court in a 7-0 judgment (Chief Justice Roberts having recused himself) held that for there to be active inducement of infringement by export of components of a patented...

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