The Supreme Court decided on January 20, 2015 in Teva Pharm. v. Sandoz, Inc. that F.R.Civ.P. 52(a)(6) applies to appellate review of claim construction, and that underlying factual finding by the District Court must be reviewed under the “clear error” standard. The Supreme Court relied on the text of the Rule and a long line … Continue reading The Supreme Court Requires Appellate Deference to Claim Construction Fact Finding: The Likely Upshot…
Category: Blog
Does it Violate the First Amendment to Limit Directional Signs More than Political Signs? Looks Likely After Supreme Court Oral Argument in Reed v. Town of Gilbert, AZ.
The town of Gilbert Arizona was made famous, to me at least, when Rachel Maddow reported on the school district’s decision to remove pages of high school biology textbooks that discussed contraception. Now it’s famous for another reason. Clyde Reed, pastor of Good News Community Church, rented space at an elementary school in Gilbert, Arizona … Continue reading Does it Violate the First Amendment to Limit Directional Signs More than Political Signs? Looks Likely After Supreme Court Oral Argument in Reed v. Town of Gilbert, AZ.…
iPod trial and Steve Jobs
Steve Jobs was a revolutionary. One of the creative geniuses of all time. But did he lead his company into an antitrust violation by forcing consumers to pay more for iPods and prevent the devices from playing songs from rivals’ music stores? That is the issue that a jury is confronting in the iPod antitrust … Continue reading iPod trial and Steve Jobs…
Pharmaceutical Antitrust Complexity
The pharmaceutical industry is unique in its complexity. Markets are nuanced. Multiple regulatory regimes apply. Generic entry is an event with dramatic consequences. These characteristics have encouraged brand-name drug firms to engage in an array of conduct that exploits this complexity to delay generic entry. In this essay, I discuss these issues, focusing on two … Continue reading Pharmaceutical Antitrust Complexity…
Sandoz v. Amgen: Why the Biologics Price Competition and Innovation Act of 2009 Allows Biosimilar Makers to Pursue Pre-Application Declaratory Judgment Actions and Will Enhance Competition
By Carl J. Minniti III (Rutgers-Camden Law Class of 2016) Biosimilar competition has finally arrived. But a pending Federal Circuit case has the potential to restrain this competition before it even starts. A Quick Recap During the 1980’s, with the emergence of biotech firms such as Genentech, pharmaceutical innovation unleashed recombinant proteins, which are also … Continue reading Sandoz v. Amgen: Why the Biologics Price Competition and Innovation Act of 2009 Allows Biosimilar Makers to Pursue Pre-Application Declaratory Judgment Actions and Will Enhance Competition…