Generics

Astellas defends Xtandi patent as court rejects generics’ appeal
23 July 2025   Court of Appeal backs Astellas in UK patent fight over prostate cancer drug | Generics’ challenge fails as judges warn on expert evidence and hindsight bias | Court urges caution when instructing expert witnesses in obviousness cases.

Latest Features

Europe
Supplementary Protection Certificate rules interpreted in different ways have left the EU’s generic and biosimilar industries hungry for clarity, explains Jiri Slavik of Adalvo.
Generics
While President Biden’s desire to reduce costs at the pharmacy counter is commendable, it is too blunt an instrument that would threaten innovation beyond the life sciences, argue former USPTO directors Andrei Iancu and David Kappos.
Asia
Five cases in which preliminary injunctions were granted are examined by Takanori Abe of Abe & Partners.
Biotechnology
The Australian government has made numerous claims for damages against patentees for savings forgone when an interlocutory/preliminary injunction delays a generic's launch but the patent is invalidated or there is a finding of non-infringement.
Generics
Generic drug makers are watching two cases that will determine whether pharmaceutical firms can deduct—rather than capitalise—legal fees for defending against patent infringement suits, say Carina Federico and Anne Li of Crowell & Moring.
Americas
Certain problems with the patent opposition process need to be addressed in order to protect patent owners, say Alejandro Luna and Luz Elena Elias of Olivares.
Africa
Government-led schemes to incentivise patents are leading to delays and prejudice against legitimate applicants. Tyron Grant of Spoor and Fisher explains how South Africa is tackling the problem.
Big Pharma
The long-running legal saga between the pharma giant and the NHS as well as generic drug makers has developed further, as Darren Smyth of EIP explains.
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More News

1 April 2025   MSD, Novartis and Eli Lilly are among those whose multi-billion-dollar patents are hurtling towards expiration, writes Marisa Woutersen.
31 March 2025   With billions in revenue at stake, the pharma giant has a 27-country parallel litigation effort to protect its blockbuster blood thinner from generics. Marisa Woutersen finds Bayer’s outside litigation counsel ready for anything.
25 March 2025   Court of Appeals rules defence costs in Hatch-Waxman cases are deductible as ordinary business expenses | US IRS stands to pay tax rebate to generics manufacturer.
20 March 2025   Trio files multiple patent infringement lawsuits to protect blockbuster prostate cancer drug | Latest suits target Hetero and Aizant, following similar actions against Apotex, BDR Pharmaceuticals, and CIPLA.
20 February 2025   British pharma giant says that a Federal Circuit decision could stifle competition by lowering the bar for proving patent infringement | Earlier ruling ‘nullifies a statutory mechanism for expediting access to generic drugs and breaks sharply with precedent on inducement’ says UK pharma company.
13 February 2025   The company’s Eylea treatment patent faced intense scrutiny as the US Federal Circuit heard Williams & Connolly, RMMS Legal, and McGuireWoods argue over criticality, stability, and validity.
29 January 2025   Complex legal battle concerns ‘skinny label’ strategy used by generic drug makers, prompting a $235 million award | Pharma giant looks for enhanced damages due to ‘wilful infringement’, while opponent wants another trial.
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