Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.