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Federal Circuit Denies En Banc Rehearing in Fosamax Case
The U.S. Court of Appeals for the Federal Circuit denied Merck & Co.'s petition for an en banc rehearing of the decision in Merck & Co. v. Teva Pharms. USA, Inc., 395 F.3d 1364 (Fed. Cir. 2005). In Merck, the Federal Circuit reversed a ruling of the U.S. District Court for the District of Delaware and invalidated one of the patents covering Fosamax, a blockbuster osteoporosis treatment. The Federal Circuit also found that evidence of Fosamax's commercial success was not probative of obviousness because others were legally barred from testing the invention disclosed in the patent-in-suit as a result of other patents held by Merck.
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New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.