Searching Content indexed under Food and Drugs Law by Oblon, McClelland, Maier & Neustadt, L.L.P ordered by Published Date Descending.
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Cannabis Patent Lawsuits Are Blazing—Why The Law Is So Hazy
There's no prohibition on patenting illegal substances; however, if marijuana is illegal under federal law, how can a patent holder enforce such a right?
United States
28 Aug 2019
An Approach To Pharma Life Cycle Management
Every innovative pharma company faces the same challenge, how to delay the patent cliff. The existence of the "skinny viii" (21 U.S.C. § 355(j)(2)(A)(viii)) makes developing additional FDA
United States
14 Aug 2019
Why Cannabis Patent Enforcement Is In The Weeds
The article "Why Cannabis Patent Enforcement is in the Weeds," written by Daniel Pereira and contributed to by summer associate Alec Royka, is featured by Managing Intellectual Property.
United States
11 Jul 2019
"Statutory" Obviousness-Type Double Patenting for Pharma Patents?
In short, the bill presumes obviousness-type double patenting of any subsequent orange book listed patent and shifts the burden to the patentee to demonstrate otherwise.
United States
24 Jun 2019
Commercial Success Of Claimed Product Over Non-Infringing Competitive Products As Evidence Of Non-Obviousness
As discussed in the briefs courts should properly weigh the evidence of commercial success as well as other evidence.
United States
19 Jun 2019
"[T]He Proper Application Of The Supreme Court's Alice Standard Is An Evolving And Sometimes Hazy Area Of Law"
Marijuana, for medical purposes and recreational purposes, is an area of great political, social and legal interest.
United States
2 May 2019
Cleveland Clinic - Another Black Eye For The Federal Circuit And Dissing The USPTO
The clinic has filed minerals patent on this invention in an attempt to find a claim the Federal Circuit would find to be patent ineligible.
United States
5 Apr 2019
No More IPRs From Generic Drug Makers?
The USPTO argues that a petitioner who has received a favorable final written decision in an IPR is estopped from reusing the same winning argument in a district court.
United States
26 Feb 2019
Obviousness Of A Dosage Regiment: Yeda Research And Development Co., Ltd. v. Mylan Pharmaceuticals Inc. Teva Pharmaceuticals USA, Inc. v. Sandoz Inc
The Board next considered whether there was a motivation to modify Pinchasi's 40mg every other day regimen.
United States
4 Dec 2018
Teva Challenges The FDA Over Its First-Applicant Interpretation
Teva Pharmaceutical USA, Inc. filed a Complaint and Motion for Preliminary Injunction in the U.S. District Court for the District of Columbia, ...
United States
24 Oct 2018
Will Rite-Hite Be Next?
In Rite-Hite v. Kelley Co., 56 F.3d 1538 (Fed. Cir. 1995) the Federal Circuit refused to award damages for the goods which were regularly sold as part of a package including patented goods.
United States
16 Oct 2018
Juul Labs Files New 337 Complaint Regarding Certain Electronic Nicotine Delivery Systems
On October 3, 2018, Juul Labs, Inc. of San Francisco, California ("JLI") filed a complaint (part 1 and part 2) requesting that the ITC commence an investigation pursuant to Section 337.
United States
16 Oct 2018
Two Herceptin® Patents Survive IPR: A Lesson In Separately Arguing Motivation To Combine And Reasonable Expectation Of Success
Motivation to combine and reasonable expectation of success are separate requirements that must be independently considered.
United States
8 Oct 2018
Recent Pharmaceutical House And Senate Bills
Over the summer, representatives introduced bills and amendments of interest to the pharmaceutical industry. First, Senator Orrin Hatch, co-author of the Hatch-Waxman Act, filed an amendment...
United States
4 Sep 2018
A Different Lesson From Vanda v. West-Ward
Last week the Federal Circuit denied West-Ward's petition for rehearing en banc.
United States
29 Aug 2018
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