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The most important factor in determining whether an exclusive license transfers sufficient rights to render the licensee the owner of the patent is the nature and scope of the licensor’s retained right to sue accused infringers
- Winston & Strawn LLP
- -
- USA
- -
- May 18 2010
The patents-in-suit disclosed and claimed cochlear implants and related technologies used to improve hearing
In determining patent term extensions under 35 U.S.C. 156, the statutory term “active ingredient” means the product, not the active moiety of the product, that is present in the approved drug
- Winston & Strawn LLP
- -
- USA
- -
- May 18 2010
The patentee owned a patent to a chemical compound MAL hydrochloride (“MAL”), which was patented and received FDA approval to treat precancerous cell growths on the skin
For purposes of determining patent term extension under 35 U.S.C 156, an enantiomer has consistently been recognized, by the FDA and the PTO, as a different “drug product” from its racemate
- Winston & Strawn LLP
- -
- USA
- -
- May 18 2010
The patent-in-suit covered an antimicrobial compound having the common name levofloxacin, and is the levorotatory enantiomer of the racemate ofloxacin, which is a known antimicrobial product
Novo Nordisk AS v Caraco Pharm. Labs., Ltd
- Winston & Strawn LLP
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- USA
- -
- April 23 2010
The Hatch-Waxman Act only authorizes a counterclaim to correct or delete a patent number or expiration date listed in the FDA Orange Book; an ANDA defendant does not have standing to challenge any other listed information, including the use code description
Laboratory Corporation of America Holdings v. Metabolite Laboratories, Inc
- Winston & Strawn LLP
- -
- USA
- -
- March 16 2010
When infringement is not at issue, a lawsuit for breach of know-how and patent license agreement does not arise under patent law
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- Firm Name - Winston & Strawn LLP
- Author - Kathleen Barry
- Author - James Hurst
- Workarea - Healthcare
- Workarea - Intellectual Property