ANDA "carve-outs" permissible: the Federal Circuit limits the reach of 35 USC § 271(e)(2) *

USA - August 2 2012
In an effort to bring generic drugs to market in a timely manner while maintaining patent protection for innovator drugs, Congress enacted a specialized infringement provision, 35 U.S.C. § 271(e)(2).

Therasense v. Becton Dickinson — a heightened standard for finding inequitable conduct *

USA - June 17 2011
In a highly-anticipated decision regarding the doctrine of inequitable conduct, a six-judge majority of the United States Court of Appeals for the Federal Circuit sitting en banc “tighten[ed] the standards for finding both intent and materiality in order to redirect a doctrine that has been overused to the detriment of the public.”