David Tellekson

David Tellekson

Fenwick & West LLP

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Litigation Alert: Even Spider-Man Can't Defeat Ban on Post-Patent Expiration Royalties

Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.” 379 U.S. 29, 32 (1964). On June...more

6/26/2015 - Brulotte Contract Term IP License Kimble v Marvel Enterprises Patent Royalties Patents SCOTUS Stare Decisis

Litigation Alert: A Good-Faith Belief of Patent Invalidity Is Not a Defense to Inducement of Infringement

Six justices of the Supreme Court agree that an accused indirect infringer’s good faith belief in invalidity of a patent “will not negate the scienter required under §271(b).” Commil USA, LLC v. Cisco Sys., Inc., No. 13-896,...more

6/11/2015 - Cisco Cisco v CommilUSA Good Faith Induced Infringement Patent Infringement Patent Invalidity Patent Litigation Patents SCOTUS

Litigation Alert: Supreme Court Rules on “Reverse Payment” Settlements in Federal Trade Commission v. Actavis, Inc.

Today, the U.S. Supreme Court held in Federal Trade Commission v. Actavis, Inc. that so-called “reverse payment” settlement agreements should be analyzed under a rule-of-reason analysis under which the court assesses any...more

6/18/2013 - ANDA Anti-Competitive Antitrust Litigation FTC FTC v Actavis Hatch-Waxman Patents Pharmaceutical Reverse Payment Settlement Agreements SCOTUS

Intellectual Property Bulletin Winter 2013: Murky Waters: Post-Approval Regulatory Activities and the § 271(e)(1) Safe Harbor

On January 14, 2013, the U.S. Supreme Court refused to consider the U.S. Court of Appeals for the Federal Circuit's exclusion in Classen Immunotherapies, Inc. v. Biogen IDEC, 659 F.3d 1057 (Fed. Cir. 2011), of post-approval...more

4/5/2013 - Biogen Idec Classen Immunotherapies FDA GlaxoSmithKline Infringement Patents Safe Harbors SCOTUS

Intellectual Property Bulletin - Winter 2013

In This Bulletin: - Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case - Murky Waters: Post-Approval Regulatory Activities and the §...more

4/4/2013 - Covenant Not to Sue Drug Manufacturers FDA Generic Drugs Mootness Nike Public Performance Rights Safe Harbors SCOTUS Standing Trade Secrets Trademarks Transfer of Venue

Litigation Alert: U.S. Supreme Court to Weigh In on Reverse Payment Deals

On March 25, 2013, the U.S. Supreme Court heard oral argument in FTC v. Actavis, Inc.,1 which is on appeal from the U.S. Court of Appeals for the Eleventh Circuit. This case addresses a type of patent litigation settlement...more

4/3/2013 - FDA FTC v Actavis Generic Drugs Patents Pay-For-Delay Pharmaceutical Pharmaceutical Patents Reverse Payment Settlement Agreements SCOTUS

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