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Amgen Inc. v. Sandoz Inc, No. 2022-1147 (Fed. Cir. Apr. 19, 2023)

Intellectual Property Law Blog

Background Amgen produces and markets apremilast, a medication for the treatment of certain types of psoriasis and psoriatic arthritis, under the brand name Otezla. Sandoz submitted an Abbreviated New Drug Application (ANDA) seeking approval to market a generic version of apremilast. Holding(s) No.

Art 130
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Intersection of Intellectual Property Law and Competition Law with respect to Cross Licensing Agreements

IIPRD

This has led to the introduction of intellectual property rights which are a set of exclusionary rights as it excludes the world from enjoying a set of rights arising out an invention or creation, except the inventor or creator. These laws establish the backbone of safeguarding all the rights accrued to various kinds of intellectual property.

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The Indian Perspective On Intellectual Property Rights And Competition Legislation

IIPRD

While the goal of IPR law is to preserve inventors’ rights over their creations, the goal of competition law is to maintain effective market competition by prohibiting anti-competitive acts and the misuse of dominant positions. IPR law’s goal has been changed from defending individual inventors to promoting new ideas. [2]

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Parliamentary Standing Committee Report on IPR – a Regressive View

SpicyIP

In 2002, in light of two progressive Supreme Court pronouncements ( Mohini Jain v. As the single judge eloquently noted in the DU photocopy case, the purpose of copyright is to increase the: “harvest of knowledge, motivate the creative activity of authors and inventors in order to benefit the public.” State of Karnataka and Ors.

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Amgen Inc. v. Sandoz Inc, No. 2022-1147 (Fed. Cir. Apr. 19, 2023)

LexBlog IP

Background Amgen produces and markets apremilast, a medication for the treatment of certain types of psoriasis and psoriatic arthritis, under the brand name Otezla. Sandoz submitted an Abbreviated New Drug Application (ANDA) seeking approval to market a generic version of apremilast. Holding(s) No.

Art 52
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Hollow Victory? Delhi High Court Says Patents Act Supersedes Competition Act, with Shaky Reasons

SpicyIP

Taking guidance from earlier case law ( Ashoka Marketing Ltd. But then Section 62 clarifies that the provisions of the Act (which was passed in 2002) are to be seen in addition to and not in derogation of the other laws. However, what about when both the laws are special, like in the present case? PNB , Gobind Sugar Mills Ltd.

Patent 98
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Decoding The Scepticism Of Overlap Between Patents Law And Competition Law

IP and Legal Filings

Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. Businesses can use this intangible right to gain a competitive edge in the market. The goal of competition law is to ensure fair functioning of the market. [1]