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IP News
Obviousness-Type Double Patenting Does Not Invalidate Section 156 Patent Term Extension
On Dec. 7, 2018, a Federal Circuit panel consisting of Judges Moore, Chen and Hughes affirmed the District of Delaware decision upholding the validity of Novartis's patent term extension (PTE) in Novartis AG et al. v. Ezra Ventures LLC, No. 2017-2284. Novartis AG (Novartis) filed suit against Ezra Ventures LLC (Ezra), alleging infringement of claims 9, 10, 35, 36, 46 and 48 of U.S. Patent No. 5,604,229 (the '229 patent), in response to Ezra's Abbreviated New Drug Application (ANDA) for a generic of Novartis's Gilenya® multiple sclerosis drug. On Sept. 22, 2016, the district court denied Ezra's motion for judgment on the pleadings. Ezra subsequently stipulated to infringement of the asserted claims to the extent such claims are not invalid, expired or unenforceable. The district court issued judgment on June 9, 2017, finding the '229 patent valid, enforceable and infringed, and imposed an injunction on the Ezra generic until the '229 patent expires in 2019. Ezra appealed.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.