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15 Nov 2021, 3:00 am
'Sacrifice and Recoupment' in the Antitrust Analysis of Patent Settlements: Actavis Through the Lens of Brooke Group, Aspen Skiing, and Trinko Bryan Gant White & Case LLP Abstract Patent settlements are typically procompetitive, benefiting not only the settling parties but... [read post]
15 Oct 2021, 9:43 am
Actavis, Inc.; and (2) whether courts reviewing antitrust challenges to patent settlements can disregard evidence of the strength of the patents at issue, as the U.S. [read post]
21 Sep 2021, 12:26 am
The case law on plausibility in the UK is primarily directed to the sufficiency requirement (Warner Lambert v Actavis (IPKat)), but has also been considered in the context of inventive step (Takeda v Roche (IPKat)). [read post]
14 Jul 2021, 1:04 am
Legal Background: Plausibility at the EPOIt is established case law of the Boards of Appeal that clinical data is not absolutely necessary to demonstrate the plausibility of a claimed invention (T 0609/02, Case Law of the Boards of Appeal, II.C.7.2, see also Warner-Lambert v Actavis [2018] UKSC 56 (IPKat)). [read post]
13 Jul 2021, 6:11 am
Apotex NV, Mylan BV and Sandoz NVAfter the CJEU introduced the concept of “core inventive advance” in its Actavis v. [read post]
26 Jun 2021, 2:59 am
The AmeriKat looking towardsa future of the Formstein defence from her own kitchen sinkIs Instagram Live actually live? [read post]
25 Jun 2021, 7:21 am
Actavis, 570 U.S. 136 (2013), that trademark settlement agreements generally have blanket immunity from antitrust review unless the settlement agreements fall into the narrow “unusual” category defined in Actavis. [read post]
22 May 2021, 8:59 am
2D Structure of TravoprostAuthor Vaccinationist Source Wikimedia Commons Jane LambertPatents Court (Mr Justice Meade) Alcon Research LLC and other v Actavis Group PTC EHF and others [2021] EWHC 1026 (Pat) (23 April 2021)This was an action for the infringement of European patent (UK) 1 920 764 which had expired in 2014 and a counterclaim for its revocation on grounds of anticipation, obviousness [read post]
15 May 2021, 5:08 pm
Jane LambertPatents Court (Lord Justice Birss) Facebook Ireland Ltd v Voxer IP LLC [2021] EWHC 657 (Pat) (19 March 2021)In Eli Lilly v Actavis UK Ltd and others [2017] Bus LR 1731, [2017] UKSC 48, [2017] RPC 21, the Supreme Court changed the way the courts decide whether a patent claim has been infringed. [read post]
27 Apr 2021, 1:53 am
With regard to the Actavis v. [read post]
8 Mar 2021, 1:17 am
This principle was considered by the UK Supreme Court in Warner Lambert v Actavis [2018] UKSC 56 (IPKat). [read post]
27 Feb 2021, 5:21 am
Unusually for a decision applying Actavis, Mr Justice Birss in Illumina v MGI provided guidance on how to approach the third Actavis question. [read post]
18 Feb 2021, 1:40 pm
Defendants Actavis LLC and related entities (“Actavis”) and Shire together produce Intuniv’s generic counterpart. [read post]
8 Feb 2021, 9:16 am
Readers of the Blog should remember the French landmark French judgment rendered in September 2020 in the European Pemetrexed saga, which condemned Fresenius to pay € 28 million in damages (see here). [read post]
5 Feb 2021, 4:58 am
The "essence of the invention" is a concept favoured by English judges which also turns up in the application of the doctrine of equivalents under Actavis (see Regen Lab v Estar [2019] EWHC 63 (Pat), IPKat). [read post]
29 Jan 2021, 7:20 am
On 20 January 2021 Birss J handed down what may be his last first instance decision before he takes his place in the Court of Appeal. [read post]
25 Jan 2021, 1:31 am
The Canadian case law on this point seems at odds with both the UK and EPO case law, both of which permit an unexpected technical effect to provide inventive step (Case Law of the Boards of Appeal, I-D-10; and Actavis v ICOS [2019] USKC 15). [read post]
27 Oct 2020, 6:25 am
Drugmakers Teva, Mylan, Actavis, G&W, and Glenmark are also accused of price-fixing in the complaint. [read post]
26 Oct 2020, 2:49 am
Joining the majority of European courts, the Paris Court of Justice ruled that Eli Lilly’s patent, which relates to the combined administration of pemetrexed disodium and vitamin B12, was infringed by the marketing of Fresenius’ pemetrexed diacid. [read post]
12 Oct 2020, 9:59 pm
Noonan -- The Federal Trade Commission carried out an (in)famous crusade against reverse payment (more provocatively, "pay for delay") settlements in ANDA litigation for almost a decade before eventually having the Supreme Court see things their way (to some extent) in FTC v Actavis. [read post]
