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25 Sep 2015, 8:17 am by Rebecca Tushnet
  Bargaining failure results from three asymmetries: asymmetric stakes (most important factor in patents: pharma and generics—pure bargaining failure; not much failure to bargain, because notice is super clear and early bargaining is easy—under Hatch-Waxman); asymmetric information (law & econ people think this is where most of the action is in terms of causes of litigation: asymmetric knowledge of info relevant to validity, value, design-around cost); asymmetric… [read post]
14 Sep 2015, 6:15 am by Kelly Phillips Erb
WASHINGTON, DC – APRIL 16: Ranking Member Ron Wyden (D-OR), left, and Chairman Orrin Hatch (R-UT), right, speak during the Senate Finance Committee hearing on Congress and U.S. [read post]
1 Sep 2015, 10:50 pm by Lawrence B. Ebert
article=1479&context=btljFurthermore, some people considered inter partes re-examination to be quite effective:Seehttp://sunsteinlaw.com/inter-partes-reexamination-digs-a-patent-graveyard/**Whether challenging pharma patents through non-Hatch-Waxman procedures evadesthe "balance" negotiated at the time of Hatch-Waxman can be contemplated. [read post]
17 Aug 2015, 2:29 am
This weblog has hosted a series of posts on the subject of litigating patents under the experimental, not quite hatched but nearly-there Unified Patent Court (UPC) system that has been created for the new Europe, with its fascinating new collection of Rules [now that everyone has got used to the 17th draft of the Rules of Procedure, an 18th Draft has been more or less agreed and its adoption has been predicted for this coming December: see PatLit post here]. [read post]