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Greater predictability may result in patent pools; as the Federal Circuit refines scope of biotech claims, use of collective rights becomes likely

Article Abstract:

The biotechnology industry will inevitably rely on cooperative market-based strategies for technology transfer through such vehicles as patent pools. The fundamental features of such pools include reduced transaction costs, the integrated complementary technologies, the clearance of blocking patent positions and the avoidance of expensive infringement litigation. The consensus among pool participants that individual patent rights will be made available to other members on fair terms guarantees effectiveness.

Biotechnology industry, Biotechnology industries

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Labeling for generic: no infringement; 2d Circuit recently held that there was no copyright violation when brand-name's user's guide and audiotape were copied

Article Abstract:

SmithKline Beecham Consumer Healthcare LP v. Watson Pharmaceuticals Inc, a US Court of Appeals for the 2d Circuit case holding that a generic drug manufacturer held no copyright infringement liability for the using the same labeling the FDA had approved for use with the brand-name drug, is discussed.The Drug Price Competition and Patent Term Restoration Act of 1984 requires the same labeling for both drugs.

Cases, Copyright, Copyrights, Labeling

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Patent law; generic drug rulings

Article Abstract:

The Federal Circuit's holding in Bayer AG v. Elan Pharmaceutical Research Corp ruling for generic drug companies regarding infringement in generic drug matters is discussed.The specification for the generic drug submitted to the FDA is adequate evidence to determine such infringement, according to the court.

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