Aron Fischer

Aron Fischer

Patterson Belknap Webb & Tyler LLP

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Latest Publications


Both Parties Seek En Banc Intervention in Amgen v. Sandoz

Last month, a divided panel of the Federal Circuit issued a split decision in Amgen v. Sandoz (summary; opinion). Amgen (in which Patterson Belknap represented one of the amici supporting Amgen) is the court’s first decision...more

8/31/2015 - Amgen Appeals Biologics BPCIA Commercial Marketing Declaratory Relief Mootness Notice Requirements Patent Dance Patent Infringement Patents Preliminary Injunctions Remedies Sandoz Sandoz v Amgen

First Round of Post-Teva Claim Construction Decisions: Business as Usual?

In its January 2015 decision, Teva Pharms. USA, Inc. v. Sandoz, Inc., the Supreme Court held that the ultimate construction of a patent claim term is a question of law, subject to de novo appellate review, but that the...more

7/1/2015 - Claim Construction Clear Error Standard De Novo Standard of Review Patents Pharmaceutical Industry Pharmaceutical Patents Teva v Sandoz

Federal Circuit Oral Arguments in Amgen v. Sandoz

On June 3, the parties in Amgen v. Sandoz presented oral arguments to the Federal Circuit as part of their dispute over the Biologics Price Competition and Innovation Act (BPCIA). The appeal is focused on two questions:...more

6/13/2015 - Amgen Appeals Biosimilars BPCIA Commercial Marketing FDA FDA Approval Injunctions Oral Argument Patent Dance Sandoz v Amgen TRO

Amgen v. Sandoz: Federal Circuit Grants Injunction Pending Appeal

Yesterday the Federal Circuit granted Amgen’s motion for an injunction pending appeal in Amgen v. Sandoz, the first appeal to squarely address the patent litigation provisions of the Biologics Price Competition and Innovation...more

5/7/2015 - Appeals Biosimilars BPCIA FDA Patent Litigation Patents Pharmaceutical Patents Preliminary Injunctions Sandoz v Amgen

Amgen v. Sandoz BPCIA Dispute Heads to the Federal Circuit

After a series of preliminary skirmishes, the first full-fledged litigation under the Biologics Price Reduction and Innovation Act is Amgen’s lawsuit against Sandoz concerning Sandoz’s Zarxio, a biosimilar version of Amgen’s...more

4/27/2015 - Biosimilars BPCIA Patent Litigation Patents Pharmaceutical Industry Pharmaceutical Patents Sandoz v Amgen

Supreme Court Nixes Aereo TV, Holding That Internet Streaming of Broadcast TV to Subscribers Violates Copyright Law

On June 25, 2014, the United States Supreme Court decided ABC v. Aereo, one of the more important (and most closely watched) copyright cases of the digital era. The Court’s 6-3 decision that streaming-TV startup Aereo...more

7/17/2014 - ABC ABC v Aereo Aereo Broadcasting Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

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