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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

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

Federal Circuit Issues Decision Affirming Obviousness of a Molecule Patent Claim

On June 12, 2014, the US Court of Appeals for the Federal Circuit issued a precedential opinion affirming the obviousness of a patent claim directed to a drug molecule. Bristol-Myers Squibb Co. v. Teva Pharms. USA, Inc., ___...more

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