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Settlement License Agreements

Dechert LLP

The Servier Case: The Game isn’t Over Yet

Dechert LLP on

The ECJ confirms its intolerance against conduct that is viewed as originator companies buying off competition from generic companies about to enter the market and thereby unduly prolonging their monopoly. Such conduct, which...more

Fish & Richardson

Does Section 287(a) Apply to Agreements That Do Not Contain a Patent License?

Fish & Richardson on

When a patentee enters into an agreement with a third party that does not expressly include a patent license (e.g., a covenant not to sue between a non-practicing patentee and a third-party practicing entity), does that...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2020 #2

PATENT CASE OF THE WEEK - Samsung Electronics America, Inc. v. Prisua Engineering Corp., Appeal No. 2019-1169, -1260 (Fed. Cir. Feb. 4, 2020) - Our case of the week concerns issues particular to inter partes review...more

Kelley Drye & Warren LLP

United States Government Continues to Take Steps Expanding Opportunities to Serve U.S.-Cuba Telecommunications Routes and Cuban...

In a recent flurry of activity to implement the President's policy agenda to reestablish relations with Cuba, federal agencies are moving forward with a wave of proceedings and regulations with specific provisions geared...more

Patterson Belknap Webb & Tyler LLP

Better Early than Never: SDNY Dismisses Lawsuit over Patent Settlement where Generics were Granted Early-Entry Licenses with...

On September 22, Judge Ronnie Abrams of the Southern District of New York dismissed an antitrust lawsuit against Takeda Pharmaceuticals and three generic drug manufacturers based on settlements they had reached regarding a...more

Patterson Belknap Webb & Tyler LLP

Solicitor General Argues that Antitrust Principles Do Not Warrant Overturning Brulotte

On Friday the Solicitor General filed an amicus brief in Kimble v. Marvel Enterprises. As we previously noted, in Kimble, the Supreme Court will consider whether to overturn Brulotte v. Thys Co., a 50-year-old precedent...more

Foley & Lardner LLP

Federal Circuit Upholds Fee-Shifting Terms of Settlement Agreement

Foley & Lardner LLP on

In Buckhorn Inc. v. Orbis Corp., the Federal Circuit reversed the district court’s refusal to enforce the fee-shifting terms of a licence and settlement agreement. The district court found that the terms did not apply because...more

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