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Tag Archives: Certiorari

Supreme Court To Hear AndroGel Reverse Payment Case

Posted by Courtenay Brinckerhoff on Posted in Supreme Court Decisions

The Supreme Court granted certiorari in Federal Trade Commission v. Watson Pharmaceuticals, Inc., to address whether and when “reverse payment” agreements made to settle ANDA litigation violate antitrust laws. The Supreme Court may decide whether such reverse payments should be evaluated under the “scope of the patent” test (which upholds most agreements) or the “quick look rule of reason” test (which is more likely to find an antitrust violation).  Oral arguments are scheduled for March 25, 2013. Continue reading this entry

Supreme Court Grants Cert In Myriad To Decide If Human Genes Can Be Patented

Posted by Courtenay Brinckerhoff on Posted in 101; Myriad; Supreme Court Decisions

On November 30, 2012, the Supreme Court granted certiorari in the “ACLU/Myriad” gene patenting case (Association for Molecular Pathology v. Genetics, Inc.), guaranteeing that the debate over the patent-eligibility of human genes will continue for another round. The Court will review the August 16, 2012 Federal Circuit decision that held for the second time that Myriad’s claims directed to isolated DNA sequences satisfy 35 USC § 101.

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Supreme Court To Hear Orange Book Listing Case

Posted by Courtenay Brinckerhoff on Posted in Supreme Court Decisions

On June 27, 2011, the Supreme Court granted certiorari in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S. This means that the Court will review the Federal Circuit decision which held that the ANDA litigation counterclaim provision of the Hatch-Waxman Act does not permit a counterclaim to challenge a method patent listing when the listed patent claims at least one approved method of using the drug, and does not permit a challenge of a use code narrative on the basis that it is broader than the relevant patent claims.

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