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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.
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Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
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.
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.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.