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Combination Drug Patents in the Post-KSR World
Combination drug therapies play an important role in today's pharmaceutical marketplace because they can provide additional protection on therapies developed by a company and access to significant revenue streams. As an example, Advair' (GlaxoSmithKline), a combination drug containing fluticasone and salmeterol, which was covered by U.S. Patent Nos. 4,992,474, 5,126,375, and 5,225,445, earned $5.3 billion in sales in 2007.
Combination drug therapies can present unique patent issues, particularly when they employ individual drug compounds that are known in the art. In such situations, the patentee must demonstrate that the combination is not obvious over the prior art. In KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727 (2007), the U.S. Supreme Court clarified the paradigm for analyzing a claim's obviousness. Since KSR, the courts have had limited review of cases involving combination drug therapies. However, the Board of Patent Appeals and Interferences (“BPAI”) of the U.S. Patent and Trademark Office (“USPTO”) has reviewed a number of such cases. In this article, we survey post-KSR decisions in an effort to assess what impact, if any, that Supreme Court decision may have had on the patentability/validity of combination drug therapies.
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.
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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.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?