United States: U.S. Supreme Court Argument On "Reverse Payments" Suggests Potential For Compromise Holding Not Advocated By FTC Or Pharmaceuticals Industry - Loeb & Loeb LLP
The Supreme Court granted certiorari in Federal Trade Commission v. Watson Pharmaceuticals, Inc. to address whether reverse payment agreements common in Hatch-Waxman litigations are presumptively anticompetitive and unlawful.
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United States: Supreme Court's Dismissal Of Invalidity Counterclaim Based On Covenant Not To Sue Raises New Potential Avenues For Argument In Hatch-Waxman Act Cases - Paul Hastings LLP
Last week, in a trademark decision that has potential implication in patent cases, the Supreme Court unanimously affirmed the dismissal for lack of jurisdiction of an alleged infringer's counterclaim for trademark invalidity after the trademark owner provided a covenant not to sue.
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United States: IP Update, Vol. 15, No. 5, May 2012- PART 1 - McDermott Will & Emery
The U.S. Supreme Court has now addressed for the first time the scope of a statutory provision authorizing generic drug companies to counterclaim in Hatch-Waxman litigation against a branded company.
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