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FTC Challenges More Than 100 Patents as Improperly Listed in Orange Book

On November 7, the Federal Trade Commission announced that it is challenging more than 100 patents held by 10 branded drug companies as improperly or inaccurately listed in the Food and Drug Administration’s Orange Book. The...more

What to Know About the USPTO’s Duty of Candor Guidance Regarding FDA Submissions

​​​​​​​By now you have seen multiple reports discussing the PTO’s Notice of July 29, 2022, relating to the duties of candor and good faith. Federal Register, Vol. 87, No. 145, July 29, 2022....more

Introduction to Patent Term Extensions (PTE)

Patent holders have the right to exclude others from making, using, selling, or offering to sell an invention—but only during the time a patent is in force....more

The First Amendment Does Not Protect All Off-Label Drug Promotion

FDA is considering making off-label promotion easier, consistent with recent case law. The drug and biologics industry is also proposing an ease up of FDA regulation, which would allow it to “responsibly” promote new drug...more

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