Applied Filters
A hard lesson learnt: Commonwealth v Sanofi
The Australian government has made numerous claims for damages against patentees for savings forgone when an interlocutory/preliminary injunction delays a generic's launch but the patent is invalidated or there is a finding of non-infringement.
Can pharma firms deduct fees in Hatch-Waxman suits?
Generic drug makers are watching two cases that will determine whether pharmaceutical firms can deduct—rather than capitalise—legal fees for defending against patent infringement suits, say Carina Federico and Anne Li of Crowell & Moring.
Issues with the patent linkage system in Mexico
Certain problems with the patent opposition process need to be addressed in order to protect patent owners, say Alejandro Luna and Luz Elena Elias of Olivares.
South Africa: Hope for measures to prevent abuse of the patent system
Government-led schemes to incentivise patents are leading to delays and prejudice against legitimate applicants. Tyron Grant of Spoor and Fisher explains how South Africa is tackling the problem.
Pfizer’s pregabalin litigation: the latest twist
The long-running legal saga between the pharma giant and the NHS as well as generic drug makers has developed further, as Darren Smyth of EIP explains.
Why Novartis lost its treatment dispute with Teva
The pharma company’s arguments focusing on ‘inventive step’ failed to convince a London court that the Israeli generic drug maker had infringed, explains Azadeh Vahdat of EIP.
Navigating the murky waters of the Hatch-Waxman ‘safe harbour’
Safe harbour provisions can be relied on but their boundaries are still being defined, explain Jeanna Wacker and Tasha Francis Gerasimow of Kirkland & Ellis.
Why the ‘first penguin’ of pay for delay has not come in Japan: anatomy of a Japan paradox
Why does Japan have no reverse payments culture? Takanori Abe of Abe & Partners unpicks a complex issue.
Neurim, Flynn discover that time is not on their side
The case reinforced the need for interim injunction applications to be made as quickly as possible, explains Lydia Birch of EIP.
South Africa: homeopathy case clarifies ‘medicine’ definition
South Africa’s Supreme Court has declared regulations on complementary medicines invalid, explain Kareema Shaik and Jenny Pienaar of Adams & Adams.