Counterfeiting poses one of the greatest threats to the pharmaceutical industry, but there are good reasons to believe that companies are tackling the problem head on. Stephen Ward of Pinkerton reports.
During nearly 30 years as a US Supreme Court justice, Antonin Scalia had the unenviable tasks of ruling on homosexuality, the right to carry hand guns, and abortion. Nevertheless, it was a mystery patent case that proved the most difficult. WIPR looks back at some of the most important IP cases of the past few years and how Scalia voted on them.
Following several high-profile decisions by the US Supreme Court making it harder to patent biotech inventions, parties should follow several best practices to give their products the best chance of being patented. Kathryn Hull of Gordon Rees provides some tips.
As reflected in numerous recent court opinions, the broad Supreme Court rulings of Mayo, Myriad and Alice have drastically changed the landscape of patent-eligibility in diagnostics. Jenny Shmuel and Megan Chacon of Fish & Richardson review the situation and discuss some future scenarios.
Despite the current unfavourable climate, there is still reason to be optimistic about patenting diagnostic method claims in the US, particularly if the claim is focused on a particular disease, biomarker, and/or treatment and includes an active step that applies the diagnostic information, says Kevin O’Connor of Neal, Gerber & Eisenberg.
Intellectual property rights should be used to help valorise agricultural biodiversity and traditional knowledge for the benefit of the global population as well as small farming communities around the world, says Graham Dutfield of the University of Leeds.
The manner in which some Canadian judges have applied the ‘promise’ doctrine has been criticised as arbitrary and subjective, note Declan Hamill and Megan Kendall of Innovative Medicines Canada, the association of Canada’s innovative pharmaceutical industry.
The smartphone wars may have slowed down but many smaller high-tech companies continue to assert their IP rights against competitors, as the fitness tracker battle shows. Fabio Marino and Luc Dahlin of McDermott Will & Emery report.
Following the Federal Circuit’s ruling in Amgen v Sandoz, biosimilar applicants should weigh up several factors when deciding whether to opt into the so-called patent dance. Gerard Norton and Michael Montgomery of Fox Rothschild discuss the potential strategies.
Sandoz has brought to market its generic pregabalin product with a full label in the UK and a skinny label in France. Varuni Paranavitane of Osborne Clarke reports on court rulings in the UK, and most recently France, on actions brought by Warner-Lambert against Sandoz.