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US Supreme Court Finds that Induced Infringement Requires More Than a Skinny Label

US Supreme Court Finds that Induced Infringement Requires More Than a Skinny Label

by Luke Pettit | Jul 30, 2026 | US & International

As a reminder, this case addresses how the Hatch-Waxman act “carve-out” provisions (which has led to the emergence of “skinny labels”) interacts with US law on induced patent infringement. This case is the first time the US Supreme Court has had the opportunity to...
Formulation PTEs on the chopping block down under

Formulation PTEs on the chopping block down under

by Alyson Lam | Jul 28, 2026 | US & International

On 16–17 June 2026, the Court heard Otsuka’s appeal in Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd. The appeal challenges the Full Federal Court’s finding that formulation patents are not eligible for patent term extensions (PTEs). The decision, expected in...
Teva v Eli Lilly: a different route for antibody genus claims?

Teva v Eli Lilly: a different route for antibody genus claims?

by Alyson Lam | Jul 14, 2026 | US & International

Overview Broad antibody claims have faced a difficult path in the US since Amgen v Sanofi, particularly where the claim covers a large functional genus. The Federal Circuit’s decision in Teva v Eli Lilly is therefore interesting because the court drew an important...
A Helping Hand: The USPTO Takes the Side of American Manufacturing

A Helping Hand: The USPTO Takes the Side of American Manufacturing

by Sean Hutchinson | Apr 7, 2026 | US & International

Background: PGR and IPR Patent offices around the world strive to grant valid patents, but sometimes cases slip through the net and proceed to grant when they shouldn’t have. For this reason, many patent offices provide mechanisms for third parties to challenge their...
A Precedential Decision by the US Court of Appeal Holds Engineered Host Cells to be Patent Eligible

A Precedential Decision by the US Court of Appeal Holds Engineered Host Cells to be Patent Eligible

by David Eyre | Mar 4, 2026 | US & International

Background  REGENXBIO and the Trustees of the University of Pennsylvania sued Sarepta for infringing multiple claims of U.S. Patent No. 10,526,617, which is directed to cultured host cells containing a recombinant nucleic acid molecule encoding an AAV capsid sequence...
US Supreme Court Agrees to Consider Induced Patent Infringement in the Context of “Skinny Labels”

US Supreme Court Agrees to Consider Induced Patent Infringement in the Context of “Skinny Labels”

by David Eyre | Feb 18, 2026 | US & International

This case is important because it allows the Supreme Court to define the point of balance between enforcement of patent rights for medical uses and the competition in the market place for generic pharmaceuticals. Consequently, the ruling of the Supreme Court will have...
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Recent Posts

  • Copyright Infringement in the Digital Age: Guidance from the CJEU on How to Find Your Way Through
  • What Makes a 3D trade mark functional? The General Court Has an Answer
  • US Supreme Court Finds that Induced Infringement Requires More Than a Skinny Label
  • Formulation PTEs on the chopping block down under
  • Equivalence Explained – The Court of Appeal Provides Guidance on How to Correctly Apply the Actavis Test

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