Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Beastie Boys Sue; Law Prof's 'Head Spins'
Generic Drugs to Market - What's the Climate in 2014?
The Building Blocks of a Technology Deal
Emerging Strategies for Protecting Global IP Rights
Starting a new business? Intellectual Property 101 Presented by Prof. Islam & PA Thomas Lewry
Warranty vs. Indemnity
What should my company be aware of when launching a new website?
Demonstratives in Post-Grant Proceedings
Video: Claim Contruction in Post-Grant Proceedings
Why Choose the Dual Track Process?
Claim Amendments in Post-Grant Proceedings
Due Diligence in Mergers, Acquisitions, and Corporate Transactions
International Patent Laws – Interview with Julian Crump, Managing Member, Mintz Levin's London, UK Office
Court Stay Factors in Concurrent Post-Grant Proceedings
Navigating the Dual Track M&A/IPO– Part One
Biosimilars in the U.S. and Abroad
Patent Mediation – Interview with John Delehanty, Member, Mintz Levin
Patent Eligibility Challenges in Post-Grant Proceedings
Witnesses in Post-Grant Proceedings
Four Tips on Preparing Inter Partes Review Petitions
Last month, the Illinois Department of Natural Resources (“IDNR”) published its first draft of the regulations (62 Ill. Adm. Code 245) (the “HFRA Draft Regulations”) under the Illinois Hydraulic Fracturing Regulatory Act (225...more
Last week, the National Institutes of Health denied a petition from a coalition of "public interest" groups who petitioned the agency to exercise so-called "march-in rights" under provisions of the Bayh-Dole Act against...more
Actress Angelina Jolie recently spent around $3200 to take one of Myriad Genetics’ many breast cancer screening tests. When the test revealed that a mutation existed somewhere in a sequence of 81,000 nucleotides found on her...more
This article analyzes the US Supreme Court's recent antitrust decision in FTC v. Actavis, which held that that courts should apply the rule of reason in analyzing reverse-payment settlements.
In 2007, Dey L.P., Dey Inc., and their parent company Mylan, Inc. (collectively, "Dey") sued Sunovion Pharmaceutical, Inc. ("Sunovion"; formerly known as Sepracor, Inc.) for infringement of five of Dey's patents....more
Full text copy of the unanimous U.S. Supreme Court ruling in Association for Molecular Pathology v. Myriad Genetics that human genes may not be patented because they occur naturally in nature.
From Greg Stohr writing for...more
On March 28, the Federal Circuit in Rubin v. General Hospital Corp. affirmed judgment by the District Court for the District of Massachusetts dismissing the suit brought by Drs. Berish Rubin and Sylvia Anderson against The...more
Last week, Senator Al Franken (D-MN) was joined by Senators David Vitter (R-LA), Dick Durbin (D-IL), Jeanne Shaheen (D-NH), and Bernie Sanders (I-VT) in introducing S. 204, the "Fair and Immediate Release of Generic Drugs...more
The European Court of Justice (ECJ) on European Supplementary Protection Certificate (SPC) for Further Medical Uses: With a remarkable ruling from July 2012 (Neurim Pharmaceuticals, C-130/11), the European Court of Justice...more
Seven organizations of health care professionals argue in an amici brief filed in Association for Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") that Myriad's isolated DNA and cDNA claims, as well as claim...more
In this issue:
- New Procedures for Challenging Patent Validity
- Aggressive Healthcare Fraud Enforcement Likely to Continue in 2012
- Life Sciences: The Rodney Dangerfield of Venture Capital
Tuesday the Supreme Court unanimously decided Mayo Collaborative Services v. Prometheus Labs, a decision of considerable significance to the diagnostics industry.
The Court reversed the Federal Circuit Court of Appeals,...more
In a decision he has waited six years to write (having dissented from the Court's decision not to decide similar issues in Laboratory Corp. v. Metabolite Labs., Inc. in 2006), Justice Breyer (and a unanimous Court) overturned...more
On March 20, 2012, the U.S. Supreme Court released its long-awaited decision in the case of Mayo Collaborative Services v. Prometheus Laboratories, Inc. slip. op., Case No. 10-1150 (March 20, 2012). This decision resolves a...more
In This Issue:
- 58 U.S. Supreme Court Cases to Watch
- 59 Securities Litigation: Recent Supreme Court Decisions and Future Trends
- 66 Continued Step-up in Government Investigations and White Collar Crime...more
The District of Delaware recently denied a motion to dismiss an antitrust counterclaim in a patent infringement action in the wake of defendant Mylan, Inc. ("Mylan") having filed an Abbreviated New Drug Application ("ANDA")...more
On December 17, 2010, the U.S. Court of Appeals for the Federal Circuit confirmed that claims to clinical and diagnostic methods can constitute patent-eligible subject matter in its Prometheus II,1 decision. This was one of...more
What constitutes patentable subject matter? The
tension between the broad language of 35 U.S.C. Section 101 and the limitations of its scope by the courts is playing out in the context of patent eligibility of process...more
In recent weeks, the pharmaceutical industry has been in the crosshairs of antitrust enforcers in the U.S. and in Europe. Specifically, patent litigation settlements in which a brand pharmaceutical manufacturer makes a...more
We reported recently that the issue of reverse settlement payments to generic drug manufacturers was continuing to heat up this summer. FTC Chairman Jon Leibowitz’s recent comments on the issue further support this forecast....more
On April 24, 2009, a group of professors of law, economics and business, together with the American Antitrust Institute, the Public Patent Foundation, and AARP (collectively "amici") filed an amicus brief urging the Supreme...more