Patent-Abuse

FTC v. Qualcomm: Judge Lucy Koh Finds Antitrust Violations in Standard Essential Patent Licensing, Later Reversed on Appeal

2019-05-21 00:00:00 +0000 UTC | Importance: 8/10

Federal Judge Lucy Koh issues a 233-page decision finding Qualcomm violated antitrust laws (Sherman Act Sections 1 and 2) through its ’no license, no chips’ policy for standard essential patents (SEPs) covering cellular modem technology, which Qualcomm had committed to license on Fair, …

FTC Lucy Koh Qualcomm Ninth Circuit Court of Appeals Department of Justice +1 more intellectual-property patent-abuse standard-essential-patents frand antitrust +3 more

AbbVie Humira Patent Thicket Delays US Biosimilars Until 2023 Despite 2016 Patent Expiration and European Competition

2018-10-16 00:00:00 +0000 UTC | Importance: 9/10

AbbVie reached settlement agreements with eight biosimilar manufacturers that allowed immediate biosimilar competition in Europe starting October 16, 2018, but delayed all US market entry until 2023—seven years after Humira’s original patent expired in December 2016. The settlements ended …

AbbVie Amgen Samsung Bioepis Mylan Boehringer Ingelheim +3 more pharmaceutical-industry patent-abuse drug-pricing healthcare evergreening +2 more

TC Heartland v. Kraft: Supreme Court Limits Patent Forum Shopping, Curbing Eastern District of Texas Troll Haven

2017-05-22 00:00:00 +0000 UTC | Importance: 8/10

The Supreme Court unanimously rules in TC Heartland LLC v. Kraft Foods Group Brands LLC (581 U.S. 258) that for patent infringement suits, a domestic corporation ‘resides’ only in its state of incorporation under 28 U.S.C. § 1400(b), overturning nearly 30 years of Federal Circuit …

Supreme Court Clarence Thomas TC Heartland Kraft Foods Rodney Gilstrap +1 more intellectual-property patent-abuse patent-trolls supreme-court judicial-reform +2 more

Alice Corp. v. CLS Bank: Supreme Court Restricts Software Patents, Reducing Patent Troll Leverage Over Abstract Business Methods

2014-06-19 00:00:00 +0000 UTC | Importance: 8/10

The Supreme Court unanimously rules in Alice Corp. v. CLS Bank International (573 U.S. 208) that abstract ideas implemented on generic computers are not patent-eligible under 35 U.S.C. § 101, establishing a two-step framework for patent eligibility. Justice Thomas delivers the opinion holding that …

Supreme Court Clarence Thomas Alice Corp CLS Bank International USPTO intellectual-property patent-abuse software-patents supreme-court business-methods +1 more

Supreme Court Allows Antitrust Challenge to Pay-for-Delay Drug Settlements Costing Consumers $3.5 Billion Annually

2013-06-17 00:00:00 +0000 UTC | Importance: 10/10

The Supreme Court ruled 5-3 in FTC v. Actavis that the Federal Trade Commission could bring antitrust challenges against “pay-for-delay” agreements where brand-name drug manufacturers pay generic competitors to delay bringing cheaper alternatives to market. The decision reversed lower …

Supreme Court of the United States Federal Trade Commission Solvay Pharmaceuticals Actavis Watson Pharmaceuticals +1 more pharmaceutical-industry patent-abuse regulatory-capture antitrust supreme-court +2 more

eBay v. MercExchange: Supreme Court Limits Automatic Patent Injunctions, Enabling Patent Troll Business Model to Flourish

2006-05-15 00:00:00 +0000 UTC | Importance: 8/10

The Supreme Court unanimously rules in eBay Inc. v. MercExchange, L.L.C. (547 U.S. 388) that patent injunctions are not automatic upon finding infringement, requiring plaintiffs to meet a four-factor equitable test: (1) irreparable injury, (2) inadequate legal remedies, (3) balance of hardships, and …

Supreme Court Clarence Thomas Anthony Kennedy eBay MercExchange intellectual-property patent-abuse supreme-court patent-trolls judicial-capture +1 more

Hatch-Waxman Act Grants Pharma Patent Extensions While Creating Loopholes to Block Generics

1984-09-24 00:00:00 +0000 UTC | Importance: 8/10

President Reagan signs the Drug Price Competition and Patent Term Restoration Act, known as Hatch-Waxman, which ostensibly balances pharmaceutical innovation incentives with generic competition but creates loopholes that brand-name manufacturers exploit to extend monopoly pricing for decades. The …

Orrin Hatch Henry Waxman Ronald Reagan Pharmaceutical Research and Manufacturers of America healthcare pharmaceutical-industry regulatory-capture patent-abuse lobbying