2011 Litigation Patent Law Patent Prosecution 
Patently-O
SEPTEMBER 6, 2022
The law incentivizes whistleblowing — non-governmental folks (known as “qui tam relators”) can file the action on behalf of the U.S. government and will then receive a portion of any recovered damages (15-30% depending upon whether the Gov’t steps in to do the litigating). 3730(e)(4)(A) (2010). ” Id.
JIPL Online
APRIL 22, 2021
Litigation surrounding the three-year market exclusivity provision shows us not only how inherently ambiguous the provision is but also the need for a clearly defined standard. Here, patent law can be very helpful in determining whether a generic manufacturer satisfies the novelty, usefulness, and non-obviousness standards.
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