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California Enacts "Reverse-Payment" Law Aimed at Patent Settlements — An Initial Look … Assuming It Is Upheld

This advisory summarizes new legislation in California, titled, “Preserving Access to Affordable Drugs,” which aims to establish a different standard for determining whether a patent settlement violates antitrust laws. This...more

FDA Reduces Regulatory Uncertainty with New Finalized Rule Defining "Biological Product" under BPCIA to Include Insulin and Other...

Key Points - In February, the U.S. Food and Drug Administration issued a "bright-line rule" redefining "biological products" under the Biologics Price Competition and Innovation Act (BPCIA) to include insulin and other...more

Supreme Court Declines To Disturb Pre-AIA Interpretation of "On Sale" Bar

On January 22, the Supreme Court issued a rare 9–0 affirmance of the Federal Circuit in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. (585 U.S. ___ (2018). The issue on appeal was whether the sale of an invention...more

Patent Trial and Appeal Board Issues First IPR Decisions on Orange Book-Listed Patents

On December 9, 2014, the Patent Trial and Appeal Board (PTAB) issued final decisions in three inter partes review (IPR) proceedings filed by Amneal Pharmaceuticals challenging three patents listed in the Orange Book for...more

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