Supreme Court Docket Includes Four Cases Impacting Pharma Industry
Helsinn v. Teva and Merck v. Albrecht directly involve pharma firms while another case addresses America Invents Act. Solicitor General to weigh in on two other cases. Petitions pending on Maryland pricing law, Amgen PCSK9 suit.
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Restasis Patent Review Back On Track As Federal Circuit Quashes Mohawk Tribe's Sovereign Immunity Claim
Appeals court says inter partes review is more like an agency enforcement action than a civil suit and thus tribal immunity does not apply to the proceeding; PTAB now to determine patentability of Restasis patents.
Regeneron challenges Federal Circuit finding that withholding information in discovery constitutes inequitable conduct; district judge orders firm to pay Merus $10.5m in attorneys' fees and costs.
Helsinn v. Teva challenges whether inventor's sale of an invention to a third party that must in turn keep the invention secret makes it unpatentable; America Invents Act amended "on-sale" bar provision.