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On January 16, 2025, the Federal Trade Commission (FTC) Bureau of Competition published four reports on pharmaceutical patentsettlement agreements filed under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) for fiscal years 2018-2021.
Litigation funder Longford Capital has asked a Delaware federal court to send its dispute over a settlement with Arigna Technology Ltd. to arbitration, saying the arbitration agreement between the two parties is valid despite the Irish patent holding company's claims otherwise.
On appeal, the CAFC held that CNC’s version of the agreement more accurately reflected the understanding between the two parties regarding a settlement over Plasmacam’s claim that CNC infringed U.S. 7,071,441 (‘441 patent), for which Plasmacam has an exclusive license.
On May 20, 2022, the Competition Bureau announced that it closed two investigations into pharmaceutical patent litigation settlement agreements as evidence gathered during the two investigations suggested the agreements did not contravene the Competition Act. The parties and drugs involved were not identified. By: Smart & Biggar
In 2013, the United States Supreme Court significantly changed the landscape of patentsettlements in the pharmaceutical industry with its FTC v. Actavis, Inc.
This chart summarizes the case name, drug, patents-in-suit, and publicly available terms for reported settlements in federal district court cases that are filed pursuant to the Hatch-Waxman Act. By: Robins Kaplan LLP
This chart summarizes the case name, drug, patents-in-suit, and publicly available terms for reported settlements in federal district court cases that are filed pursuant to the Hatch-Waxman Act. By: Robins Kaplan LLP
Other Posts Labrats, Patents, and Section 3(i): Madras High Court Grants Patent for Antibody Production in Genetically Modified Non-human Animals Recently, the Madras High Court delivered a noteworthy ruling in Kymab Limited v. GSK sues Moderna for infringing its COVID-19 vaccine patents. Bentley Systems Inc & Anr.
Actavis decision has guided pharmaceutical litigators and advisors exploring the antitrust risks inherent in settling pharmaceutical patent lawsuits, especially when such settlements could be viewed to include large and unjustified payments to an alleged infringing ANDA filer (or biosimilar manufacturer).
This chart summarizes the case name, drug, patents-in-suit, and publicly available terms for reported settlements in federal district court cases that are filed pursuant to the Hatch-Waxman Act. By: Robins Kaplan LLP
Actavis that reverse payment settlements—or settlements where a patent holder pays an accused patent infringer cash or other consideration to end the patent litigation—may be subject to antitrust scrutiny if they are "large and unjustified," lower courts have been in search of an administrable pleading standard for these claims.
patent system. Patent and Trademark Office’s (USPTO’s) Advance Notice of Proposed Rulemaking (ANPRM) on “Discretionary Institution Practices, Petition Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings before the Patent Trial and Appeal Board [PTAB]” was Tuesday, June 20.
Supreme Court after losing a Federal Circuit ruling last year that found its patents were doomed by the terms of how a related infringement case settled, warning that the decision would "dissuade parties from settlements." A Bose rival is going to the U.S.
by Dennis Crouch A short non-precedential opinion from the Federal Circuit provides guidance on two key issues: (1) downstream non-party reliance upon settlement agreements; and (2) personal jurisdiction over foreign corporations. Caddo asserted infringement of six patents relating to user interface navigation methods against Siemens.
The entry into force of the Protocol on Provisional Application of the UPC Agreement has been a major milestone for the actual birth of the Unitary Patent Court. We are surely entering a new era in the patent world. or signed, and ratified, accepted or approved this Protocol in accordance with Article 2(2)b.;
An Illinois federal judge reminded two companies in a patent battle over automobile fasteners that a "sure winner" doesn't exist, as he noted that the parties remained too far apart in their dispute to engage in a formal settlement conference.
Court of Appeals for the Seventh Circuit agreed with a district court earlier this week that neither a settlement agreement between AbbVie and a number of generic biologics companies, nor the 132 patents owned by Abbvie covering its blockbuster drug, Humira, violate the Sherman Antitrust Act.
The California Institute of Technology has reached a settlement in its patent lawsuit against Dell Technologies Inc., the latest deal the school has cut in suits over its data transmission patents in the years after its $1.1 billion verdict against Apple Inc. crashed at the Federal Circuit.
Director Vidal recently issued sanctions against OpenSky Industries (“OpenSky”) for attempted extortion during settlement negotiations and abuse of the IPR process for US Patent 7,725,759 and awarded $413,264.15 to VLSI Technology LLC (“VLSI”). By: Jones Day
An average week saw 54 district court patent filings and 30 Patent Trial and Appeal Board (PTAB) petitions, the majority of the latter being associated with semiconductor litigation.
In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). In April 2021, Jin sued Baijia store for patent infringement. One month later, a settlement was reached.
Settling parties should adopt a series of practice tips, including specifying rationales to support specific terms, as the Federal Trade Commission seeks to expand its access to settlements before the Patent Trial and Appeal Board, say Shannon McGowan and David Munkittrick at Proskauer.
In March, Samsung agreed to pay UK Nanotechnology Company Nanoco USD 150 million in a patent infringement dispute over patents used in QLED televisions that featured legal team from Wei Chixue Law Firm of Linda Liu Group - a Top 10 IP Law Firm in China. By: Linda Liu & Partners
Patent Owner”) had not yet filed a Preliminary Response, and the Board has not issued a decision on whether to institute trial. Biofrontera AG (“Petitioner”) filed an unopposed motion to dismiss the petition during the preliminary phase of the proceedings. Here, DUSA Pharmaceuticals, Inc. By: Jones Day
How to Ask the Right Questions About Utility Patent Infringement Utility patent infringement is complex, to say the least. It’s not just about whether the products infringe the utility patent. Need to enforce or defend a utility patent infringement claim? What is utility patent infringement?
A banner week saw the district court roaring back to life with 93 new patent filings and over 50 closed cases, including all of the remanded Section 101 rulings in Realtime Data, LLC. The order is still sealed, but as it closes the cases again, one must assume it provides additional reasoning and again cancels Realtime’s patents under 101.
In advance of a new trial to determine damages for patent infringement, a district court denied plaintiff’s motion to preclude defendants from introducing the terms of plaintiff’s settlement offers.
These denials included yet another Section 101 case seeking clarity on the courts two-step eligibility test and a suit seeking vacatur of a stipulated settlement for trademark infringement involving a fraudulently procured mark.
district court data on how patent damages expert testimony has been challenged based on comparability, and how courts have ruled with regard to license and settlement agreements, litigation verdicts, market studies and more. Rich Franciosa and Michael Herrigel at Charles River Associates analyze nearly seven years of U.S.
A safety equipment manufacturer has told a federal court in Waco, Texas, that it has settled a legal fight over patents covering notifications used in fire alarms, with a company that calls itself one of the world's largest manufacturers of fire safety products.
The California Institute of Technology and Microsoft notified a Texas court Tuesday that they have reached an agreement to end a case where the university alleged that the Xbox and other products infringed its data transmission patents, following similar settlements with other tech giants.
Case Summaries Gilead Sciences Inc vs Union Of India on 19 December, 2024 (Madras High Court) Image from here The writ petition pertains to a patent application filed by the petitioner, which was contested by the 4 th respondent through a post-grant opposition. Macleods Pharmaceuticals Ltd vs The Controller Of Patents & Anr.
This week saw 60 district court patent complaints, 76 terminations, 26 Patent Trial and Appeal Board (PTAB) petitions (some post grant reviews [PGRs] in there), and two new Fintiv denials—one PGR and one inter partes review (IPR).
With an average 33 Patent Trial and Appeal Board (PTAB) filings (one post grant review, the rest inter partes reviews[IPRs]), a relatively high number (89) of district court terminations (including some high-profile settlements), and a somewhat low number (63) of suits this week, we are rolling into May.
Patent and Trademark Office must give its attorneys' union a copy of any settlements it reaches in cases involving the attorneys' work conditions, but the agency does not have to let the union review those settlements in advance, an arbitrator held.
A Pennsylvania federal judge has agreed to pause a class action against Abbott and other drugmakers over allegedly sham patent cases, saying a settlement between the two sides may be in the works.
Patent litigators who represent plaintiffs and defendants agree the new standing order favours the defence, but one litigation financier predicts well-financed patentees backed by reputable lenders will get the upper hand.
Topics include a new procedure for patent owners to request discretionary denial, institution of serial and parallel petitions, and pre-institution settlement agreements. The Notice addresses stakeholder feedback responsive to the USPTO’s October 2020 Request for Comments and its April 2023 Advance Notice of Proposed Rulemaking.
Following years of infringement litigation over its patented wireless chip technologies, the California Institute of Technology (Caltech) has recently enjoyed a pair of settlement outcomes pointing to the strength of the research university’s patent holdings.
On August 13, 2021, in a decision that largely flew under antitrust and patent practitioners’ radars, U.S. District Judge Lucy H. Koh mostly denied a motion to dismiss in the alleged “reverse payment” case, In Re Xyrem (Sodium Oxybate) Antitrust Litig.1
The Federal Trade Commission (“FTC”) sued AbbVie and Besins Healthcare, co-owners of a patent that covered brand AndroGel, in 2017. The FTC claimed that the manufacturers had brought “sham” patent infringement litigation in 2011 against Teva and another generic supplier, Perrigo. Actavis, in violation of Section 5.
Do defendants and the court have the right to ask who is funding a particular patent litigation? The party must identify the third-party funder and whether the third-party funder has the right to approve litigation or settlement decisions. The issue arose as a result of two standing orders issued by Judge Connolly.
A federal judge in New York has ruled, for the second time, that Facebook's news feed doesn't infringe patents owned by Mirror Worlds Technologies LLC, a Connecticut business notable for scoring big-ticket jury verdicts and settlements over patents from companies like Apple and Microsoft.
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