The past year has been unusually active for the “first sale” doctrine. Also known as patent exhaustion, the doctrine is based upon the premise that a patent holder is entitled to only one royalty for its sale of a patented...more
Patent protection is a critical driver of value for the biotech industry. One of the unique aspects of biotech patents, however, is that many otherwise infringing activities are exempt from claims of patent infringement when...more
In This Issue:
Federal Courts Debate Safe Harbor Exemption for Patent Infringement Under 35 U.S.C. § 271(e) Following Merck v. Integra; If I Prioritize Examination of My Application, Should the Patent Office?;...more
2/19/2013
/ Biotechnology ,
Discovery ,
Exemptions ,
Food and Drug Administration (FDA) ,
Hatch-Waxman ,
Infringement ,
Integra ,
InterDigital Communications v ITC ,
Merck ,
Non-Practicing Entities ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Prioritized Examination ,
Safe Harbors