Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
On Feb. 5, 2018, a Federal Circuit panel of Judges Prost, Dyk, and Chen issued a unanimous opinion, authored by Judge Dyk, in AbbVie Inc. v. MedImmune Ltd., 881 F.3d 1334 (Fed. Cir. 2018). Despite finding that the district court relied on incorrect grounds, the panel affirmed the dismissal of the action without prejudice due to lack of declaratory-judgment jurisdiction.
Under an agreement that led to the development of the blockbuster antibody drug Humira, Abbvie was obligated to pay MedImmune royalties on sales of certain antibodies until “the last to expire of [certain] Patents or the expiry of fifteen years from the date of First Commercial Sale of a Product by [AbbVie's predecessor] … (whichever is later).” Id. at 1335. In hopes of ending its royalty obligations early, Abbvie brought a declaratory-judgment action in the Eastern District of Virginia, seeking a declaration that the sole patent-at-issue was invalid. While Abbvie argued that the patent's invalidity would constitute its expiration for purposes of the licensing agreement, it did not seek a declaration as to the contract's interpretation.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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?
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.
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.
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.
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.