Supreme Court And Patents: What’s Not Happening
High court denies petition by Mylan to limit patent litigation venue and petition by Merck KGAA to address whether “on sale” bar to obtaining patent applies to non-public sales; Zarxio case to go to conference Friday.
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Helsinn v. Teva challenges whether inventor's sale of an invention to a third party that must in turn keep the invention secret makes it unpatentable; America Invents Act amended "on-sale" bar provision.
Government urges Supreme Court to take up Sandoz’s Zarxio petition challenging Federal Circuit’s interpretation of the biosimilars statue; says it should also review Amgen’s challenge of ruling on patent dance.
Federal Circuit decision permits brand-name drug makers to file infringement suits against generic manufacturers in whatever jurisdiction they wish.