Supreme Court Docket Includes Four Cases Impacting Pharma Industry
Executive SummaryHelsinn v. Teva and Merck v. Albrecht directly involve pharma firms while another case addresses America Invents Act. Solicitor General to weigh in on two other cases. Petitions pending on Maryland pricing law, Amgen PCSK9 suit.
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US Solicitor General says facts lacking on what government knew about alleged product misrepresentations; FDA may be burdened with discovery requests if suit proceeds to discovery and trial.
In case with potentially broad ramifications for biopharma partnerships, high court will hear arguments Dec. 4 on whether America Invents Act changed the "on-sale bar" to patentability to allow inventions that are sold to be patented if their details are not publicly disclosed.
Restasis Patent Review Back On Track As Federal Circuit Quashes Mohawk Tribe's Sovereign Immunity Claim
Appeals court says inter partes review is more like an agency enforcement action than a civil suit and thus tribal immunity does not apply to the proceeding; PTAB now to determine patentability of Restasis patents.