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Patent Law and the False Claims Act.

Patently-O

Here, the basis of Silbersher claim stem from the prosecution history files of the Allergan patent applications. On appeal, the Federal Circuit concluded that the patent prosecution files stemmed from an administrative hearing and thus qualifies as an “other Federal … hearing.” . ยง 3730(e)(4)(A) (2010).

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Patentee doublethink in regulatory submissions and patent prosecution is inequitable conduct: Belcher v. Hospira (US)

The IPKat

Crucially, a patent granted in the absence of compliance with the duty of disclosure is considered fraudulently obtained, and therefore unenforceable. Inequitable conduct has been called the "atomic bomb of patent law" ( Aventis v. The solution provided by the patent was a L-adrenaline formulation having a high pH (2.8-3.3).

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HOW INTELLECTUAL PROPERTY LAW CAN SOLVE LITIGATION SURROUNDING THE HATCH-WAXMAN ACT BROUGHT BY THE COURTโ€™S DECISION IN BRAEBURN V. FOOD & DRUG ADMINISTRATION

JIPL Online

In fact, over the centuries, patent law has developed a formal approach for evaluating a productโ€™s โ€œinnovation.โ€ The FDA can find comfort knowing that the law, particularly intellectual property (IP) law, has already defined โ€œinnovation.โ€ 314.50 (2011). products.โ€ [xix] xx] Braeburn , 389 F.Supp.3d 102 (2012).

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Micro Entity Status: Qualifying to Reduce Patent Fees

LexBlog IP

Micro entity status is a newer status, introduced under the America Invents Act Leahy-Smith America Invents Act (“AIA”) in 2011 as an effort to reduce the cost of patenting for small businesses and individual inventors. Reduce your patent fees. Patent prosecution can be a substantial investment to some.

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Artificial Intelligence and IP: A Literature Review

SpicyIP

It notes that despite the government initiatives to strengthen Indiaโ€™s IP regime, applying the โ€˜narrowly focusedโ€™ and โ€˜stringentโ€™ patent laws toward AI applications remains challenging. Surprisingly, here the report does not mention any protection (or lack thereof) within the IP laws of the country.

IP 98