Exceeding the Scope of the Patent: Solving the Reverse Payment Settlement Problem Through Antitrust Enforcement and Regulatory Reform

by William J. Newsom – Reverse payment settlements in pharmaceutical patent litigation, also known as “pay for delay” settlements, are almost universally anticompetitive. Nonetheless, because of the current regulatory framework and a failure…

KSR Fallout: Questions of Law Based on Findings of Fact and the Continuing Problem of Hindsight Bias

by Adam Powell – KSR v. Teleflex marked the Supreme Court’s first significant return to the question of patent “obviousness”—which is used to ensure patents are not improvidently granted to inevitable inventions—in over four…

Reach-Through Rights and the Patentability, Enforcement, and Licensing of Patents on Drug Discovery Tools

by Alfred C. Server, M.D., Ph.D.,* Nader Mousavi,** and Jane M. Love, Ph.D.***,[i] A novel, nonobvious Discovery Tool and its use can be the subject of valid patent claims, but patent claims that reach through…

PROMETHEUS LABORATORIES V. MAYO COLLABORATIVE SERVICES

  Case note concerning PROMETHEUS LABORATORIES V. MAYO COLLABORATIVE SERVICES Update Sept. 4, 2011:  The Supreme Court has granted cert to the appeal of this decison (for a second time) and thus…