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Dechert LLP | USA | 13 Apr 2018

USPTO Says Overlapping Range In Prior Art Insufficient to Invalidate Method of Treatment Patent

Pharmaceutical patents frequently claim treatment methods that utilize a range of amounts or concentrations for the active ingredient or excipients…
Article
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Reed Smith LLP | USA | 25 Sep 2017

Sham Affidavits

We're quite familiar with people who say one thing, when they think that's in their interest, and later when circumstances change, say something…
Article
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McCarthy Tétrault LLP | Canada | 16 Jun 2017

The Power of an Inference: Federal Court Restores $125 Million S. 8 Damages Award

In Teva v. Pfizer Canada, 2017 FC 526, the Federal Court reaffirmed and reissued a judgment awarding Teva a section 8 damages award in excess of $125…
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Wanhuida Intellectual Property | China | 19 May 2017

制止恶意注册系列(二)丨商评委对“以其他不正当手段取得注册”条款中“批量抢注”的适用

《商标法》第四十四条第一款规定:“已经注册的商标,……是以欺骗手段或者其他不正当手段取得注册的,…
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Pietragallo Gordon Alfano Bosick & Raspanti LLP | USA | 1 Apr 2017

2016 False Claims Act Review: A Truly Extraordinary Year

As we head into the second quarter of an already turbulent 2017, it is worth reflecting on the truly extraordinary events of 2016. Of course, there…
Commentary
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Dentons | Canada | 28 Mar 2017

Court overturns C$125 million damages award based on extent of inadmissible hearsay evidence relied on by judge

In May 2016 the Federal Court of Appeal overturned a judgment for C$125 million in damages and sent the case back to the trial judge for redetermination. The court concluded that the trial judge, in reaching his decision, may have relied on inadmissible hearsay evidence tendered at trial on behalf of the plaintiff. The judgment reviewed the general principles underlying the grave danger in......
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Jones Day | USA | 10 Mar 2017

Where Party Joined Pending IPRs, Delaware Takes Broad View of § 315 Estoppel

In Parallel Networks Licensing, LLC v. International Business Machines Corporation, No. 1:13-cv-02072, Dkt. No. 366 (D. Del. Feb. 22, 2017) (Slip Op…
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Troutman Pepper | USA | 21 Feb 2017

IPR Estoppel Provisions May Not Be That Scary After All

IPR petitioners wary of the statutory estoppel under 35 U.S.C. § 315(e)(2) may have reason to be cautiously optimistic. Judge Sue Robinson of…
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Marshall Gerstein & Borun LLP | USA | 28 Dec 2016

District Court Interprets the IPR Estoppel Provision Narrowly

An AIA trial is a relatively-inexpensive, partial substitute for challenging the validity of a patent. Yet, prospective AIA trial petitioners…
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Foley & Lardner LLP | USA | 23 Aug 2016

Federal Circuit Affirms Tygacil Formulation Patent

In Apotex, Inc. v. Wyeth LLC, the Federal Circuit affirmed the decision of the USPTO Patent Trial and Appeal Board (PTAB) finding that Apotex had…
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