After the Supreme Court decision in MedImmune, Inc. v. Genentech, Inc., et al. (S.Ct. No. 05–608) , licensees would now seem to have a chance to get out of bad license deals by challenging the validity of the underlying patents. This case asked whether companies can sue to invalidate another’s patent even when they don’t […]

Today, the Senate Judiciary Committee held a meeting to discuss the topic of reverse payments in a session entitled, “Paying Off Generics to Prevent Competition with Brand Name Drugs: Should It Be Prohibited?” Sen. Patrick Leahy (D-VT) is chairman of the committee. Some of the witnesses are Commissioner of the Federal Trade Commission, Jon Leibowitz, […]

Abbott Labs won a ruling preventing Andrx Pharmaceuticals from selling generic versions of the antibiotic Biaxin XL until a patent suit is resolved. Abbott Laboratories v. Andrx Pharmaceuticals et al. (06-1101) The suit involves three cases related to Abbott’s patents related to its extended release clarithromycin product, Biaxin XL® — against Teva, Ranbaxy, and Andrx […]

In our knowledge-based economy, Intellectual Property (IP) management is of strategic importance as it is proving to be the primary driver of corporate earnings. According to some experts, over 85% of the market valuation of the S&P 500 is represented by intangible assets. However, as a result of budgetary constraints and the lack of an […]

The Supreme Court added a little sizzle to the life of patent licenses with its decision in Medimmune, Inc. v. Genentech, Inc., et al. (S.Ct. No. 05–608). The ruling could give licensees a chance to get out of bad license deals by challenging the validity of the underlying patents. The case asked whether companies can […]

Reliant Pharmaceuticals has filed a lawsuit in the U.S. District Court for the District of Delaware against Par Pharmaceutical for infringement of U.S. Pat. No. 5,681,588. The ‘588 patent, which expires in 2014, relates to Reliant’s Rythmol® SR (propafenone) product. The ‘588 Patent is listed in the Approved Drug Products with Therapeutic Equivalence Evaluations (“Orange […]

The rethink(ip) guys (Matt, Steve and Doug) have announced a new patent caselaw portal, FedCirc.us. Currently, FedCirc.us is a website that allows professionals to access, digest and manage patent caselaw information. The site has reviews of patent decisions from the Supreme Court of the United States (SCOTUS) and the Court of Appeals for the Federal […]

A court has upheld a verdict that Abbott Laboratories infringed Innogenetics’ U.S. Patent No. 5,846,704, which claims a method of genotyping the Hepatitis C Virus (“HCV”) by specifically hybridizing probes to a particular region of the HCV genome known as the 5 prime untranslated region (5′ UTR). The speed and relative inexpensiveness of the method […]