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No Exception to Statutory Requirement that a Biosimilar Applicant Provide Notice of Intent to Market its Product

USA - July 12 2016 Last week in Amgen Inc. v. Apotex Inc., No. 2016-1308 (Fed. Cir. July 5, 2016), a unanimous Federal Circuit panel ruled that under the Biologics...

Amy E. Hayden, Ph.D., Ewa M. Davison.


Supreme Court Leaves Intact PTAB Authority to Institute and Regulate Inter Partes Review Proceedings

USA - June 23 2016 This week in Cuozzo Speed Technologies, LLC v. Lee, the United States Supreme Court decided two important questions related to the power of the...

Jeffrey Ware, Ewa M. Davison.


Biosimilars: Supreme Court calls for Solicitor General’s views in Amgen v. Sandoz

USA - June 23 2016 On Monday, June 20, 2016, the Supreme Court deferred a decision on the certiorari petitions filed by both parties from the Federal Circuit's decision...

Amy E. Hayden, Ph.D., Ewa M. Davison.


Lingering in Lexmark's wake, uncertainty about the limits of patent exhaustion

USA - March 7 2016 According to ten judges of the Federal Circuit, a patent owner’s right to sue for infringement in the United States is not exhausted by sales of...

Phillip K. Decker, Stefan Szpajda.


Federal Circuit’s Ariosa decision, good chance for rehearing en banc

USA - November 4 2015 In June of this year, the Federal Circuit panel in Ariosa Diagnostics, Inc. v. Sequenom, Inc. invalidated a patent on the grounds of...

Jessica Kaempf.