US Supreme Court Adopts International Exhaustion For Patents: Paving the way for parallel imports to exert downward pressure on domestic pharmaceutical (and other) prices 31/05/2017 by Intellectual Property Watch 1 Comment Frederick M. Abbott writes: The Supreme Court of the United States on May 30, 2017 adopted a rule of international exhaustion of patent rights for the United States in Impression Products v. Lexmark International, No. 15-1189. The near-unanimous decision authored by Chief Justice Roberts is unambiguous and unequivocal.[1] The Court paid short shrift to contrary decisions of the Court of Appeals for the Federal Circuit in Jazz Photo Corp. v. International Trade Commission, 264 F. 3d 1094 (Fed. Cir. 2001) and in this case on certiorari, Lexmark International v. Impression Products, 816 F.3d 721 (Fed. Cir. 2016). In addition to adopting international exhaustion, the Supreme Court ruled firmly against enforcement of post-sale restrictions through infringement actions based on patent. The Court allowed for enforcement under contract law of limitations that may be included in patent licenses.
A Price Too Good To Be True 26/05/2017 by Intellectual Property Watch Leave a Comment Steven Tepp writes: Virtually every consumer in every country wants products and services as inexpensively as possible. Nowhere is that demand more acute than in health care, where quality of life, and life itself, is at stake. In Europe, most national governments use the monopsony power of a single-payer national health care system to negotiate (or dictate) what prices they will pay, an activity that has been considered “anti-competitive” in EU private markets. And some governments simply issue price controls.
TRIPS Flexibilities Under Threat From Investment Disputes: A Closer Look At Canada’s “Win” Against Eli Lilly 27/04/2017 by Intellectual Property Watch 3 Comments Cynthia Ho writes: In the first known investment dispute regarding patents, Eli Lilly & Co v. Canada, Canada recently prevailed over the pharmaceutical giant Eli Lilly. Although Canada won in a unanimous decision, the ruling does not, however, guarantee domestic discretion going forward, contrary to the suggestion of some.
The Web Is At A Crossroads – New Standard Enables Copyright Enforcement Violating Users’ Rights 13/04/2017 by Intellectual Property Watch 5 Comments Parminder Jeet Singh writes: The World Wide Web today stands at a crossroads, as its standards body, the World Wide Web Consortium (W3C), considers the demand of big content providers to provide them with the facility to be able to control user devices for ensuring that their content is not copied. This facility is called the Encrypted Media Extension (EME), which enables these companies to put digital rights management (DRM) into the user’s browser, whether the user wants it or not, and whether such restrictions are as per the user’s local national laws or not.
The Current And Future Scope Of IPR Estoppel 04/04/2017 by Intellectual Property Watch Leave a Comment David I. Berl and Christopher A. Suarez write: The estoppel provision of the America Invents Act, 35 U.S.C. 315(e), was touted originally as a check against patent challengers using inter partes review (“IPR”) proceedings to attack patents serially on the same or similar grounds. That provision precludes an IPR petitioner, or the real party in interest or privy of the petitioner, from asserting invalidity challenges in subsequent IPR, district court, or International Trade Commission (“ITC”) proceedings “on any ground that the petitioner raised or reasonably could have raised during” an IPR that resulted “in a final written decision.” Given the frequency of IPR and associated district court challenges, the scope of the AIA’s estoppel provision, with respect to the parties and arguments it estops, has become and will continue to be a critical and frequently contested issue for litigants.
What To Watch Out For In The EU-Mercosur FTA Negotiations: Consequences For Access To Medicines 22/03/2017 by Intellectual Property Watch 6 Comments As negotiations take place this week, an evaluation of the impact of one of the TRIPS-plus measures of the Mercosur/EU FTA on the prices of medicines in Brazil has been released. Based on the draft of the agreement, by their calculations, an additional USD 444 million would be necessary to be spent by the public health system for the purchase of six medicines alone, write Marcela Fogaça Vieira and Gabriela Costa Chaves.
Paint Medical Patents Green Or Improve Efficacy 08/03/2017 by Intellectual Property Watch 1 Comment Danny Friedmann writes: When the holder of a medical patent finds herself on the patent cliff, staring into the abyss of a patentless and incomeless future, she will become very ingenious in applying for new uses, new pathways of delivery and new doses of the known substance. Painting a new layer of green over the patent that must give the impression of a new invention. It is the duty of the legislator to limit this kind of behavior if it stifles access to generic medicines. How can the interests of patent holders and patients be reconciled?
Patent Data – The Modern Investor’s Crystal Ball 06/03/2017 by Intellectual Property Watch 2 Comments Sirena Rubinoff writes: What if there was a crystal ball that could tell you where and when to invest your money? It sounds like science fiction, but engineers at MIT have actually developed a formula that can predict future events in tech development. The formula is based on a combination of big data from patent applications and smart analytics which, when put together, can estimate how fast a technology is advancing.
The New Caribbean Patent Convention And Caricom Stasis 06/02/2017 by Intellectual Property Watch 3 Comments Abiola Inniss writes: The creation of the Caribbean Patent Convention under the auspices of Caricom is a long awaited and most welcome development towards the harmonization of intellectual property laws in the region. Even more importantly, it is an indication that Caricom leadership has at long last, after a lengthy period of stagnation and indeterminacy, finally decided to engage the process of thought and action necessary for the promulgation of a legal and regulatory framework for Caribbean intellectual property. The convention is expected to be enacted later in 2017.
A Case For Trade Enforcement: Colombia And Intellectual Property 01/02/2017 by Intellectual Property Watch Leave a Comment President Trump and members of his administration have rightly talked about the need to be tougher on trade enforcement, including promising to take a closer look at existing trade agreements to see whether they should be revoked, renegotiated, or more strictly enforced. A candidate ripe for review is Colombia, and in particular, its ongoing failure to implement intellectual property provisions under the U.S. Colombia Trade Promotion Agreement (TPA), Nigel Corey writes.