Andrew Hutchinson’s Post

Are drugmakers abusing the patent system to reduce competition? And, if so, will the recent coordination between the PTO and FDA help to protect against such abuse? Recent research letters published in JAMA suggest that the answers are yes and yes. Read more below. #DrugCosts #PatentAbuse #Competition #PTO #FDA

An article we wrote on the first Irish decision regarding a PI pending an appeal of a first instance decision revoking a patent. In the most recent decision to be handed down in the BMS v Teva litigation, the Court of Appeal has granted an injunction. This restrains Teva from launching its competing generic product pending the outcome of BMS’ invalidity appeal. This case is the first decision to determine granting an injunction pending an appeal where a patent has been held invalid at first instance. We review the implications for patent owners. https://lnkd.in/eA9c3u5W #Patent #LifeSciences #Pharma #IntellectualProperty #MHCLaw

Legislators and policy makers often say they are working to bring down the high cost of drugs. That's a laudable goal that every American would benefit from. So what truly can be done to bring down drug costs? Stop the rampant patent abuse by #pharma that allows for decades long monopolies on drugs that net #pharma companies billions at the cost of the every day Ohioan. Yet, the PREVAIL Act would do just the opposite- continue too allow patent abuse to the detriment of everyday Americans. Read more about the effort in Congress to further protect patent trolls here: https://lnkd.in/gEqj-igY

Thoughts on this? >> Federal judge rules FDA can move forward with potential approval of Liquidia's version of Tyvaso >> Comment below! >>> lqventures.com #strategy #competitiveintelligence #marketing #pharma #pharmaceutical #healthcare #biotech #productmarketing

FTC Supports March-In Rights to Control Prices and Stimulate Competition: The Federal Trade Commission (FTC) has waded into the march-in rights fracas, supporting the obscure Bayh-Dole Act as a tool to moderate drug pricing and control patent thickets on drugs developed with federal funding. #fda #financial #lifesciences

At the core of the legal challenge was the existing process, which resulted in a time gap between the grant of a patent and the issue of the patent certificate. The court held that the date of the grant of a patent is the date on which the controller passes an order to that effect on the file i.e. on the day in which the Controller makes a decision to grant a patent. The issue of a certificate at a later date is then nothing more than a mere formality. The court also came down strongly against the practice of filing serial pre-grant oppositions. through aliases, a practice now fairly common in most pharmaceutical patent cases. Therefore, the decision taken by the Controller on the file is the determining event for ascertaining the date of grant of patent and the acts of sealing of the patent and entering the same in the Register are ministerial acts evidencing the grant of patent. #caselaw#Trademarkinfrigment #copyrighinfringement #newcaselaw #legalservices #Navkarassociates #Ipr #Adv.vijaysoni#Adv.namratajain

Don't miss the essential highlights from this week! Our DrugPatentWatch Week in Review provides critical insights on the latest drug patent activities and industry news. Stay knowledgeable and ahead in your field. #DrugPatentUpdates #PharmaceuticalNews #WeeklyRoundup #DrugPatentWatch

Directors John Covert and Gaby Longsworth, Ph.D. presented the webinar “Patent Term Extension Considerations for BioPharma Patents,” which covered the interplay between PTE, Patent Term Adjustment (PTA), and obviousness-type double patenting (ODP) as well as strategies for choosing a patent to extend; managing multiple PTE requests; the pitfalls of interim extensions; and the provisions and responsibilities of the USPTO and FDA. Read our webinar Q&A highlights and watch the On-Demand recording to learn more about the intricacies of patent term extension procedures and strategy in the life sciences industry, and how an extended patent relates to overall exclusivity. #PTE #biopharma

How can you successfully navigate the complexities of the US Food and Drug Administration’s Orange Book? Jonathan B. Roses sets the stage for where we are today and best practices for new drug application holders assessing which patents they should list in the Orange Book in The Pharma Letter: https://lnkd.in/eQW5xfAj

Patent Invalidity case: Bayer Vs Sandoz Bayer's patent Xarelto; the best-selling blood thinner is held invalid, by the London's High Court. Bayer’s European patent over once-daily rivaroxaban, with a brand name of ‘Xarelto’, has now been declared invalid following legal challenges brought by Sandoz and other rival manufacturers. Bayer's attempts to replace Xarelto were thrown into doubt last year when it aborted a large late-stage trial testing a new anti-clotting drug due to lack of efficacy. Judge Richard Hacon said Bayer's patent was invalid because of the lack of an "inventive step" in developing the drug. Read more @ https://lnkd.in/dFqpE6nf #patent #patentvalidity #patentinvalidity #intellectualproperty #ipnews