Last May, the U.S. Supreme Court issued a highly-anticipated decision in Impression Products, Inc. v. Lexmark Int’l, Inc., reversing the Federal Circuit and holding that, when a patent holder sells a product, it exhausts all of its patent rights in the product, regardless of certain restrictions that the patent holder sought to impose on further resale.
On 12 May 2017, the Chinese Food and Drug Administration (the “CFDA”) issued several draft policies aimed at overhauling of the current regulations governing the Chinese pharma and medical device sector (the “Draft Policies”). Amongst the Draft Policies, those outlined in Circular No.55 would, if implemented, establish a more robust patent linkage system, a more
The X. Civil Senate of the German Federal Court of Justice has granted a motion by three companies of the Merck Sharp & Dohme group (Merck) for a preliminary permission for the continued distribution of Isentress®, a drug used for treatment of patients infected with HIV or suffering from AIDS (see press release in German). In August
The Board of Appeal of the Italian Patent Office (Commissione dei Ricorsi), by decision published on June 26, 2017, acknowledged the right of the patent holder to ask the Italian Patent Office for the limitation of the duration of a supplementary protection certificate (SPC) further to its recalculation on account of an earlier marketing authorisation. Background
We’ve added a new topic to Hogan Lovells’ LimeGreen IP: focused on guiding you through the regulatory regime governing Supplementary Protection Certificates in Europe. SPCs have for many years proved a fertile area for dispute. This is due to a number of factors including: lack of clarity in the governing legislation; the evolution of new types of medicines leading to questions
Recent USPTO activity may signal a shift in treatment of pharmaceutical patents in AIA proceedings. The America Invents Act (“AIA”) provides for adversarial proceedings for challenging patents in the United States Patent and Trademark Office (“USPTO”) — including inter partes review (“IPR”) and post grant review (“PGR”) — which are faster, cheaper, and have a lower