By Yuri Mikulka and Jeffrey J. Zuber of Zuber & Taillieu LLP
The Federal Circuit has determined that the maximum fine for violation of the federal false marking statute should be applied on a per article basis, rather than the “per decision” basis applied by a majority of district courts in the past. In The Forest Group, Inc. v. Bon Tool Co.,… More...
Leaders of the Senate Judiciary Committee have announced details of an agreement on long-pending legislation to make needed reforms to the nation’s patent system. More...
Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (“USPTO”) David Kappos has announced President Barack Obama’s $2.322 billion fiscal year 2011 (FY 2011) budget request for the USPTO. More...
The U.S. Senate Judiciary Committee has voted to pass a compromise version of Senator Herb Kohl’s bill banning pay-for-delay settlements that keep generic drugs off the market. More...
Both Houses of Congress have passed a bill authorizing the Director of the U.S. Patent and Trademark Office (“USPTO”) to establish a surcharge on patent fees to repay any borrowed trademark fees. More...
Sen. Bill Nelson, D-Fl., has filed a proposed legislation to amend Hatch-Waxman Act's definition of “first applicant” for abbreviated new drug application (“ANDA”) filers to give generic-drug makers challenging brand-name patents an opportunity at receiving 180-day market exclusivity. More...
Rep. Bobby L. Rush, D-Il., has re-introduced on the congressional floor a bill intended to eliminate perceived anticompetitive settlements of patent infringement litigation between generic and brand-name pharmaceutical manufacturers. More...
U.S. Senator Jon Kyl (R-Az) has filed his own version of Patent Reform Act of 2009 (S. 610). More...
Sen. Sam Brownback, R-Kansas, has filed a billed that would prohibit the U.S. Food and Drug Administration (“FDA”) from using federal funds to process biologics license applications for products that contain certain “select agents or toxins.” More...
At a business meeting held on April 2, 2009, the Senate Judiciary Committee voted to report critical legislation to make reforms to the nation’s dated patent reform system. More...
Representatives Anna G. Eshoo (D – CA), Jay Inslee (D – WA), and Joe Barton (R – TX) have introduced the “Pathway for Biosimilars Act” (H.R. 1548). The bill creates a process for approval of “biosimilars” or “follow-on biologics” while protecting patient health and safety, lowering health care costs, and providing adequate incentives for innovation.
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