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: , , , , , , ,

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

“POISONOUS DIVISIONALS” POISONED IN THE EPO

For the past few years there has been fear that the law on priority claims in the European Patent Office (EPO) could result in a divisional application becoming prior art against its parent if the divisional application described subject matter that...

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Author: Matthew D. Asbell | Practices: , , , , , , , | Tags: , , , , , , , , ,

INTELLECTUAL PROPERTY RESOLUTIONS FOR THE C-SUITE

Innovative solutions are the foundation of almost every successful company. Tied to almost everything your company creates, every item it produces and sells, every service it provides and every way in which it is marketed, are potential intellectual...

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