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Harness, Dickey & Pierce, PLC | USA | 28 Jan 2019

USPTO Cannot Reduce PTA for Time Where Applicant Could Not Act

In Supernus Pharmaceuticals, Inc., v. Iancu, 2017-1357 (January 23, 2019), the Federal Circuit reversed summary judgment for the USPTO because the


Marshall Gerstein & Borun LLP | USA | 12 Dec 2018

Obviousness-Type Double Patenting Does Not Invalidate a Patent Term Extension

The Federal Circuit recently addressed the interplay between the statutory patent term extension (PTE) and the non-statutory doctrine of


Harness, Dickey & Pierce, PLC | USA | 7 Dec 2018

Normal Double Patenting Rules Don’t Apply When the Patents Straddle the URAA

In Novaritis Pharmaceuticals Corporation v. Breckenridge Pharmaceutical Inc., 2017-2173, 2017-2175, 2017-2176, 2017-2178, 2017-2179, 2017-2180


Lexology | Global | 4 Sep 2018

An interview with Andy Rittenberg, vice president, commercial legal and compliance officer at Gilead Sciences Inc

We asked Andy Rittenberg, vice president, commercial legal and compliance officer at Gilead Sciences Inc and the winner of the Compliance Innovator of


Accura Advokatpartnerselskab | United Kingdom, Denmark, European Union | 22 Aug 2018

The ECJ Clarifies Contested Condition for obtaining an SPC

On 25 July 2018, the ECJ delivered its much-anticipated judgment in the case between Teva and Gilead (C 12117) regarding the supplementary protection


Bradley Arant Boult Cummings LLP | USA | 23 May 2018

A Wish for Nonexistent Cheap Drugs Is Not Standing to Sue

The recent releases of highly effective, and highly priced, drugs to treat chronic diseases has bred a spate of efforts by activists to disenfranchise


Patterson Belknap Webb & Tyler LLP | USA | 23 May 2018

Federal Circuit Issues Two Decisions Impacting Standing to Challenge Validity of Pharma Patents

Two recent Federal Circuit decisions address when a party has standing to challenge the validity of a patent. Though the cases arose in different


LexField Law Offices | China | 10 May 2018

Beijing Higher Court holds a Markush claim May Include Multiple Solutions

Beijing Higher People's Court in a recent judgment holds that a Markush claim may include multiples technical solutions and thus may claim partial


Morrison & Foerster LLP | USA | 7 May 2018

Hatch-Waxman and BPCIA Developments for April 2018

This month, we highlight several significant cases, including the Supreme Court’s decisions in Oil States and SAS, and the Federal Circuit’s decisions


Allen & Overy LLP | United Kingdom, European Union | 30 Apr 2018

Teva v Gilead: AG rejects core inventive advance and scope of protection tests

If the CJEU adopts AG Wathelet’s opinion, it will likely be more difficult for patentees to satisfy Art 3(a) SPC Regulation. AG Wathelet expressly

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