Anne Mira Guha's blog

The Johnson & Johnson Acuvue Compulsory License

In April of 2010, District Judge Timothy J. Corrigan (M.D Florida, Jacksonville division) declined to grant a permanent injunction following a finding that the Johnson & Johnson’s ACUVUE®OASYS contact lens product infringed patents owned by CIBA Vision Corporation, providing another example of, in effect, a judicial compulsory license following the 2006 eBay v. MercExchange case; the judge wrote:

Comments on Incentivizing Humanitarian Technologies and Licensing Through the Intellectual Property System

On September 20, 2010, the PTO published "Request for Comments on Incentivizing Humanitarian Technologies and Licensing Through the Intellectual Property System" in the Federal Register (75 Fed. Reg. 57261, available here):

Response by FDA to KEI's FOIA Request Regarding the PSM India Summit of May 11, 2010 in New Delhi

In June of 2010, KEI was informed that representatives from the the United States Food and Drug Administration (FDA) had recently attended a summit in India on the issue of counterfeited and spurious medicines organized by the Partnership for Safe Medicines (PSM), a US-based organization with clear links to pharmaceutical corporate interests.

U.S. Compulsory licensing of medical inventions as a limit on remedies under eBay v MercExchange

In 2006 the Supreme Court paved the way for, in effect, judicial compulsory licensing by holding in eBay v. MercExchange that, contrary to wide-scale practice at the time, permanent injunctions should not automatically issue upon a finding of patent infringement.

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