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Science, Computers & Technology General Business Intellectual Property

Read Science, Computers & Technology updates, news, alerts, and legal analysis from leading lawyers and law firms:

How Life Sciences and Pharmaceutical Companies Can Harness Opportunity in Their Supply Chains

by Hogan Lovells on

In this hoganlovells.com interview, Hogan Lovells counsel Penny Powell talks about disruptive technologies, the increasing trend towards collaboration and joint venture agreements, the opportunities and regulatory burdens...more

Partnering Perspectives - Summer 2017

As we implement the Eversheds Sutherland combination and expand our ability to serve clients around the globe, our US and international teams are working together to analyze issues impacting clients doing business in multiple...more

“First Sale” Exhausts Patent Rights

by Sands Anderson PC on

In a case of keen importance to sellers of refurbished products such as auto parts and medical devices, last month, in Impression Products, Inc. v. Lexmark International, Inc., ___ U.S. ___ (2017), the Supreme Court of the...more

European Commission Sets its Sights on Allegedly Excessive Drug Prices

by Jones Day on

In the European Union, Big Pharma has been operating with a target on its back for the best part of the last decade. Following its 2008 sector inquiry into the pharmaceutical sector, the Commission vowed to clamp down on...more

The Missing Apple Trademarks

Far be it from me to criticize a company hoarding over $250 billion in cash reserves – but, hey Apple, why aren’t you filing trademark applications?...more

Amgen v. Sandoz: The Supreme Court’s First Biosimilars Ruling

In a unanimous decision issued on June 12, 2017, the Supreme Court for the first time interpreted key provisions of the 2010 Biologics Price Competition and Innovation Act (“BPCIA”). See Sandoz Inc. v. Amgen Inc., No. 15-1195...more

You Don’t Have to Dance the Patent Dance (Except Maybe in California)

Supreme Court Decides BPCIA “Patent Dance” Questions - The 2009 Biologics Price Competition & Innovation Act (BPCIA) provides an orderly process for manufacturers of generic biological drugs (called “biosimilars”) to...more

Supreme Court Permits Biosimilar Drugs to Be Marketed Sooner

by Snell & Wilmer on

On June 12, 2017, in Sandoz Inc. v. Amgen Inc., the United States Supreme Court unanimously held that a drug manufacturer may give a required 180-day notice of its intent to market a biosimilar drug before receiving FDA...more

The Importance of Label Licenses to Life Sciences Companies After Lexmark

On May 30, 2017, in Impression Products, Inc. v. Lexmark International, Inc., the U.S. Supreme Court held that a domestic or foreign sale of a patented product exhausts all U.S. patent rights in that product. The case was...more

SCOTUS Simplifies Market Entry Process for Biosimilar Products

by Jackson Walker on

Yesterday’s unanimous ruling by the U.S. Supreme Court in Sandoz v. Amgen injects much needed certainty into a difficult statute and streamlines the process for biosimilar products to enter the marketplace following FDA...more

How Startups Can Protect Their IP Rights

by Revision Legal on

For businesses that are just starting out, intellectual property (IP) rights can be immensely valuable. Your IP rights could be the business asset that sets your company apart from your competitors. Equally important to...more

Industry Perspectives On The Biosimilar Patent Dance

by Foley & Lardner LLP on

The Supreme Court could issue its decision in the Amgen v. Sandoz biosimilar patent dance case any day now. Last week I participated in a panel discussion with industry stakeholders considering how the decision might–or might...more

MarkIt to Market® | May 2017

The May 2017 issue of Sterne Kessler's MarkIt to Market® discusses social media influencers' disclosure of material connections, business transfer clauses, and lists the new gTLD Sunrise periods. Please see full Newsletter...more

Non-Competes Can Cost You More Than A Job

by Foley & Lardner LLP on

Normally in this space we write about case developments after the case is decided. This time, though the story involves a mid-case development which led to a company firing an employee it fought hard to keep....more

Impression Products, Inc. v. Lexmark International, Inc. – Setting the Common Law’s Limits on the Rights of Patent and Copyright...

by BakerHostetler on

Last week, in Impression Products, Inc. v. Lexmark International, Inc., Case No. 15-1189 (May 30, 2017), the Supreme Court ruled that under the “exhaustion doctrine,” patent owners cannot use patent law to impose restrictions...more

US Supreme Court Ruling on Exhaustion of Patent Rights is Welcome News for Canadian Exporters of Refurbished Goods

by Bennett Jones LLP on

In the United States, once a patentee has sold its product—whether domestically or internationally—its patent rights in that product are exhausted; the patentee can no longer use patent law to control refurbishing or resale...more

Supreme Court Provides Additional Clarity on the Scope of Patent Exhaustion

According to a recent Supreme Court decision, when it comes to the applicability of patent exhaustion, “restrictions and location are irrelevant; what matters is the patentee’s decision to make a sale.” In Impression...more

Supreme Court Holds That Patent Exhaustion Applies to All Sales, Domestic and International, Regardless of Post-Sale Restrictions

by Ropes & Gray LLP on

On May 30, 2017, in Impression Products, Inc. v. Lexmark International, Inc., the Supreme Court ruled that “a patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any...more

Supreme Court Bolsters Patent Exhaustion Doctrine, Patent Laws Cannot Be Used Against Resellers

by Dorsey & Whitney LLP on

The Supreme Court ruled yesterday that Lexmark’s decision to sell its patented printer ink cartridge exhausted all of its patent rights in that cartridge, regardless of any contractual restrictions Lexmark attempted to impose...more

Supreme Court: Patent Owner Cannot Limit Use of Patented Product Once Product is Sold

by Burr & Forman on

U.S. patents incentivize innovation by allowing patent owners to prevent others from making, using, offering for sale, selling, or importing their inventions into the United States for a period of 20 years. Patent owners are...more

Best Practices for Using Third-Party Content on Your Company’s Website

Does your company’s website include or link to third-party content? If so, there are potential legal issues that may arise under copyright law and website terms of use that can be minimized or avoided by implementing some...more

Due Diligence: Calculating the Regulatory Review Period for Patent Term Extension

by Pepper Hamilton LLP on

This is the fourth article in our five-part series on PTE. When applying for a patent term extension (PTE), due diligence matters. If an applicant did not act with due diligence during the testing phase or the approval...more

Intellectual Property and E-commerce Shops

by Revision Legal on

If you’re the owner of an e-commerce shop, you deal with intellectual property everyday. Intellectual property refers to the creations of the human mind. This includes symbols, images, names, inventions, and literary and...more

Court Ruling Supports Contractual and Statutory Enforcement of Open Source Software Licenses

Despite the prevalence of open source software and its ubiquitous use in the software industry, there has been little litigation in the United States analyzing and interpreting the terms of open source licenses. On April 25,...more

The SAP v. Diageo decision – a realistic approach to indirect access?

by Dentons on

Following the high court decision in the case of SAP UK Limited (SAP) v. Diageo Great Britain Ltd (Diageo), routine software arrangements many organisations have in place could become subject to significant additional costs....more

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