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SCOTUS, Vaccine Mandates and Patent Law: God Help Us

IP Watchdog

The question is often discussed in private among patent attorneys who find themselves completely befuddled by the wanton disregard and open duplicitous handling of patent laws by the Nation’s High Court. The whim and fancy – and intellectual dishonesty – of the Supreme Court knows no bounds when it comes to patent law.

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Patent Law at the Supreme Court September 2021

Patently-O

In patent law, we also have the “ Kessler doctrine,” which sits between the two. Kessler allows for non-mutual issue preclusion even in cases where the particular issue was not actually litigated or decided. See also Mohapatra v. Hirshfeld (pro se). This typically comes in the forms of issue and claim preclusion.

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Loper Decision Impact on Patent Law

JD Supra Law

Here, the Intellectual Property Litigation Group offers some of its own reactions to this decision's implications for patent law. Venable has offered general thoughts on the potential fallout from the Supreme Court's reversal of the long-standing Chevron deference, as well as practice area-specific analysis. By: Venable LLP

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A Recent Tax Ruling Has Made ANDA Litigation Less Burdensome for Generics

JD Supra Law

a case at the intersection of tax law and patent law, the Federal Circuit held that generic drug companies Hatch-Waxman litigation expenses are ordinary and necessary business expenses and can be deducted immediately. In Actavis v. By: Fenwick & West LLP

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Patent Linkage Litigation in China: A Two-Year Review

IP Tech Blog

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

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Patent Law at the Supreme Court February 2022

Patently-O

Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The settlement also included a license to thousands of Qualcomm patents. 2022)(forthcoming).

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Today in Patent Law Class: Markman v. Westview Instruments

Patently-O

Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?” by Dennis Crouch. Westview Instruments, Inc.,