Intellectual Property Bulletin - Spring 2012


In This Bulletin:

- Supreme Court Allows Generic Manufacturers to Challenge Overbroad Use Codes.…1

- Patent Reform: The Public Speaks …. 3

- Quick Updates ….5

- Criminal Liability for Cloud Storage Service Providers? .… 5

- Patent Litigation Settlement Negotiations Are Discoverable….6

- Federal Courts Address Question of Employer-Employee Ownership of Business-Related Social Media Accounts….7

Excerpt From: Supreme Court Allows Generic Manufacturers to Challenge Overbroad Use Codes

The United States Supreme Court ruled unanimously on April 17, 2012 that a generic drug manufacturer may file a counterclaim to force correction of an overbroad use code that encompasses unclaimed methods of using the drug at issue. In interpreting the text of 21 U.S.C. § 355(j)(5)(C)(ii)(I), the Court in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, No. 10-844, 132 S.Ct. 1670 (2012), gave substantial weight to ensuring that the Food and Drug Administration fulfills its statutory duty to approve non-infringing generics in accord with Congressional intent. Brand manufacturers are advised to review active use codes to ensure that they reasonably reflect the scope of any claimed methods of use.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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