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European Union (ECJ) has found that the EU centralized patent litigation system recently proposed by the Council of the …-awaited EU patent litigation scheme (as envisaged in the Draft Agreement on the European and Community Patents Court). This blow …
Persistent link: https://www.econbiz.de/10014185478
system of patent adjudication in the United States. There is, however, considerable support for the creation of a specialized … patent trial court based on the argument that we need to create specialized, judicial human capital at the trial level …. Proponents favoring this change base their reasoning on the two-part argument that, because of the complexity of patent cases and …
Persistent link: https://www.econbiz.de/10014195752
patent litigations are often inaccessible. This article takes a closer look at this phenomenon by examining a single case … on both agribusiness and patent law. The $1 billion award against DuPont will undoubtedly shape the future of the market … raises novel patent remedy issues. This article assesses how transparent this landmark case was from two perspectives …
Persistent link: https://www.econbiz.de/10014153130
This article reflects on three recent US patent decisions involving biotechnology: Association for Molecular Pathology …
Persistent link: https://www.econbiz.de/10014153764
of agreements by which brand-name drug companies pay generics to settle patent litigation and delay entering the market … of the patent" test applied by the dissent and several appellate courts — would have meant "game over" for challenges to …
Persistent link: https://www.econbiz.de/10014155650
In FTC v. Actavis the Supreme Court held that settlement of a patent infringement suit in which the patentee of a … any settlement is immune from antitrust attack if it is facially "within the scope of the patent." Under this approach the … court may not second guess the settlement by inquiring into the validity of the patent; the settlement itself shields this …
Persistent link: https://www.econbiz.de/10014156290
"Indian Patent Act 1970" is the governing law related to patent right In India. The law starts from 1911 after the … (Amendment) Act, 2005, where the term patent was extended to every wake of technology may it be food, drugs, chemicals or micro … the role of the judiciary in patent protection in India . It also discuss the leading landmark decision in "Novartis v …
Persistent link: https://www.econbiz.de/10014156922
This paper describes a data set built to analyze patent litigation in the United States during 1929-2006. The data … issue. We collect numerous patent-specific variables and litigation-specific variables for these patents. The data also …
Persistent link: https://www.econbiz.de/10014160232
Even though the US Federal Circuit has been facing domestic criticism about its exclusive jurisdiction on patent appeal … cases, there is a global trend of establishing specialized patent/IP court with the same goal as the US Congress once had …, to increase the uniformity, efficiency and quality of patent litigation. Besides the U.S. Federal Circuit, the other most …
Persistent link: https://www.econbiz.de/10014105449
fair and equitable treatment, and the interpretation of national patent law by domestic courts. Precisely because … treatment standard for patent law and domestic court interpretations? Our main conclusions are: first, that investment tribunals … should defer substantially to interpretations of patent law by domestic courts, limiting themselves to reviewing decisions …
Persistent link: https://www.econbiz.de/10014129931