Patent Law Weblog
recent posts
- Moderna Settles Patent Litigation with Arbutus et al.
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
- Oasis Tooling, Inc. v. Siemens Industry Software Inc. (Fed. Cir. 2026)
- Why AI Will Not Take Over the World
- BioNTech Sues Moderna over mRNA Vaccine Technology
about
Category: Hatch-Waxman
-
By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its fifth annual list of top biotech/pharma patent stories. For 2011, we identified a dozen stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent…
-
By Donald Zuhn — Last week, Sen. Jeff Bingaman (D-NM) introduced a bill in the Senate (S. 1882) that would eliminate the 180-day exclusivity period for a generic applicant that enters into a disqualifying agreement as defined by the legislation. In introducing the bill, also known as the "Fair And Immediate Release of Generic Drugs…
-
By Kevin E. Noonan — The Federal Trade Commission is nothing if not consistent. Yet again, the Commission has released a Report on the negative effects of reverse payment (or, in Commission parlance, "pay-for-delay") agreements, in the face of competing studies (see "Generic Pharmaceutical Association Releases Report on Value of Pay-for-Delay Agreements") and well-reasoned appellate…
-
By Kevin E. Noonan — The Generic Pharmaceutical Association (GPhA) released a report last month on the value of generic drugs to the American consumer and economy. Perhaps surprisingly, among the statistics and policy arguments on cost containment and all the other benefits of generic drugs touted by the Association, the Report contains an argument (contrary…
-
By Donald Zuhn — On Monday, President Obama released his plan for economic growth and deficit reduction. The 80-page plan, entitled "Living Within Our Means and Investing in the Future," outlines how the President would pay for the proposals in the American Jobs Act, which he unveiled on September 8th. According to the President, the…
-
By Donald Zuhn — On Thursday, the Senate Judiciary Committee reported the Preserve Access to Affordable Generics Act (S. 27) out of committee without amendment by a 10-8 vote. The bill, which was introduced by Senator Herb Kohl (D-WI) (at right) in February (see "Sen. Kohl Introduces Bill to Prohibit Reverse Payments"), is designed to…
-
By Kevin E. Noonan — Under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, settlements between innovator drug companies and generic competitors must be filed with the Federal Trade Commission (FTC). On May 3rd, the Commission released a compilation of the statistics relating to these settlements. Consistent with its long-time concern with and…
-
By Kevin E. Noonan — The Supreme Court today denied certiorari in Louisiana Wholesale Drug Co. v. Bayer AG (decided below as In re Ciprofloxacin Antitrust Litigation; see also "Second Circuit Denies En Banc Reconsideration in Cipro® Case"). According to the Court's website, neither Justice Sotomayor nor Justice Kagan participated in the decision. The case…
-
By Kevin E. Noonan — In addition to patent reform, another patent-related idea from Congress's past has been resurrected in this Congress. Last Wednesday, Senator John D. Rockefeller, IV (D-DE) (at right) introduced S. 373, "The Fair Prescription Drug Competition Act," directed at limiting the right for an innovator drug company to market an "authorized…
-
By Donald Zuhn — President Obama unveiled his 2012 budget last week, and while the President's budget calls for cuts in many areas of government, he would like to raise investment in basic research. As a result, under the President's budget proposal, funding for the National Institutes of Health (NIH) would rise from the current…
Patent Docs 