The Impact of Recent Federal Circuit Decisions on Patent Term Extension

The U.S. Court of Appeals for the Federal Circuit recently decided two cases, PhotoCure ASA v. Kappos, No. 2009-1393 (Fed. Cir. May 10, 2010) (80 PTCJ 56, 5/14/10), and Ortho-McNeil Pharmaceutical Inc…

ANALYSIS: Leveling the Playing Field—The Role of Venture Capital in Hatch–Waxman Act Patent Litigation

As many in-house counsel for generic manufacturers will tell you in candid, off-the-record moments, the costs of funding Hatch-Waxman patent cases seem increasingly prohibitive to senior management, especially because at least half the time, the innovator patentee will either prevail or force the generic litigant into an economically unattractive settlement.

Drug Industry Anticipates More Work Ahead Following Health Care Reform Bill’s Final Passage

While praising individual provisions of the final health care overhaul bill, pharmaceutical industry groups said that the legislation the House approved March 21 is an imperfect measure, and they will continue to work on issues such as pay-for-delay patent settlements and generic competition with biologic drugs.

Health Care Reform Legislation Lacks Proposed Ban on Drug Patent Settlements

The $940 billion health care measure passed March 21 by the House does not include a ban on so-called pay-for-delay patent case settlements between branded and generic drug companies. The Reconciliation Act of 2010 (H.R. 4872) now moves to the Senate.

Obama Health Reform Proposal Includes Generic Drug Deal Ban, Biologics Pathway

The revamped health care proposal that President Obama released Feb. 22 includes a provision to crack down on “pay-for-delay” drug patent settlements…