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Results: 1-10 of 106

Federal Circuit says certain human genes may be patented
  • Shook Hardy & Bacon LLP
  • USA
  • August 4 2011

In a ruling likely to be appealed to the U.S. Supreme Court, a divided Federal Circuit Court of Appeals panel has determined that genetic discoveries may, to a certain extent, be patented


Senate Committee approves bill to end pay-for-delay deals
  • Shook Hardy & Bacon LLP
  • USA
  • August 4 2011

The Senate Judiciary Committee has approved a bill (S. 27) that aims to “prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market


Federal Circuit upholds fees, costs and sanctions in “patent troll” litigation
  • Shook Hardy & Bacon LLP
  • USA
  • August 4 2011

The Federal Circuit Court of Appeals has determined that a district court correctly awarded litigation costs and attorney’s fees to the defendant in an infringement action found to be an “exceptional case” and had sufficient grounds to impose Rule 11 sanctions against the plaintiff, a company in the business of filing infringement actions to extract nuisance value settlements


Federal court upholds glaucoma drug patents and enjoins generics
  • Shook Hardy & Bacon LLP
  • USA
  • September 1 2011

A federal court in Texas has determined that four combination glaucoma drug patents held by Allergan Inc. were valid and that generic drug makers infringed the patents by seeking Food and Drug Administration (FDA) approval to sell their generic versions under an abbreviated new drug application


Is FTC considering fast-track rulemaking to stop “pay-for-delay” drug deals?
  • Shook Hardy & Bacon LLP
  • USA
  • June 16 2011

According to a news source, the Federal Trade Commission (FTC) may be planning to adopt a rule under expedited procedures to block patent settlements, known as “pay-for-delay” deals, between name-brand drug manufacturers and generic drug makers


Patentability of medical treatment claims to be heard by U.S. Supreme Court
  • Shook Hardy & Bacon LLP
  • USA
  • June 30 2011

The U.S. Supreme Court has agreed to review a Federal Circuit Court of Appeals ruling that methods for determining the optimal dosage of thiopurine drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases recite patentable subject matter under 35 U.S.C. 101


FTC report on Authorized Generic Drugs generates comment and concern
  • Shook Hardy & Bacon LLP
  • USA
  • September 22 2011

The Federal Trade Commission has released a report titled “Authorized Generic Drugs: Short-Term Effects and Long-Term Impact,” in which the agency concludes that “pay-for-delay” agreements between name-brand drug manufacturers and generic drug makers is “a practice that causes substantial consumer harm” by keeping drug prices high


News bytes
  • Shook Hardy & Bacon LLP
  • USA
  • September 22 2011

The U.S. Patent and Trademark Office requests public comment on the burdens of maintaining utility patents for which fees must be paid periodically after the patent is granted


Myriad litigants seek rehearing, stalling case before Federal Circuit panel
  • Shook Hardy & Bacon LLP
  • USA
  • September 22 2011

Court watchers were reportedly surprised that both sides to litigation involving the patentability of genetic discoveries filed petitions for a rehearing before the divided Federal Circuit Court of Appeals panel that issued a ruling on the matter in July 2011


Violations of discovery orders result in default judgment, monetary sanctions, potential discipline
  • Shook Hardy & Bacon LLP
  • USA
  • August 18 2011

A federal court in Texas has imposed severe sanctions in a patent infringement lawsuit, due to repeated violations of its discovery orders and the creation of a fraudulent discovery-related document; a default judgment has been entered against the violator, and information about the document has been forwarded to alert the district’s chief judge “of the need to potentially take disciplinary measures” against counsel