MariuszSzczygiel / iSockphoto.com
Mark Remus of Brinks Gilson & Lione discusses two patent-related challenges for generic pharmaceutical companies and how they might be overcome.
The generic pharmaceutical market is as competitive today as ever. Generic companies compete with innovator companies to clear the legal pathway and they compete with each other to create, maintain or destroy exclusivity. They seek to accomplish all of these objectives with minimal legal spend. The following discussion addresses two particular challenges and potential ways to overcome them.
New life to an old defence
Induced infringement arises most often in the context of method of treatment claims. Induced infringement requires the patent owner to prove that the accused infringer will do something that causes others to infringe the patent-in-suit. Generic companies have long argued that they do nothing to encourage others to infringe the innovators’ patents because they do not administer medication to patients and neither, typically, do they market or advertise their products.
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
European Patent Office
George Washington Law School
Kirkland & Ellis International LLP
Marks & Clerk
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
The United States Patent and Trademark Office (USPTO)
World Intellectual Property Office
Hatch-Waxman litigation, generic drugs, patent challenges, Brinks Gilson & Lione, innovation, GSK, AstraZeneca, Teva, patent infringement, labelling, brand