Compulsory licensing of medical patents

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:

The CoreValve compulsory license on patent to treat aortic stenosis

On February 7, 2011, a federal judge in Delaware rejected a request for an injunction to prevent the continued infringement of United States Patent No.

Statement of the United States to WTO TRIPS Council on the Paragraph 6 System

The following statement was delivered by USTR at the WTO Council for TRIPS Annual Review of the Paragraph 6 System on Wednesday, 27 October 2010.

Statement of the United States
Agenda item F, Annual Review of the Paragraph 6 System
Topic 5

Mr. Chairman

We are pleased to be here today to participate in the annual review on the implementation of paragraph 6 of the Doha Declaration.

Remarks by UNAIDS Secretariat and on behalf of UNDP: Capacity building on the Paragraph 6 System and related TRIPS flexibilities

The following statement was delivered on Wednesday, 27 October 2010 by the UNAIDS Secretariat and on behalf of UNDP during the Annual Review of Paragraph 6.

World Trade Organization
Council for TRIPS – Regular Session
Annual Review of Paragraph 6
Doha Declaration on the TRIPS Agreement and Public Health
Agenda item 4 – Capacity building on the Paragraph 6 System and related TRIPS flexibilities
Remarks by UNAIDS Secretariat and on behalf of UNDP
27 October 2010


Mr Chair, Distinguished Delegates

SCP15: KEI statement on Exclusions from Patentable Subject Matter and Exceptions and Limitations to the Rights

KEI statement on Exclusions from Patentable Subject Matter and Exceptions and Limitations to the Rights
SCP 15
13 October 2010

Thank you Mr. Chair.

We take note of Professor Coenraad Visser's study which examined 'Selected Case Studies of Countries Where Compulsory Licences Have Been Granted for Pharmaceuticals'.

Fabrazyme March-In Request

New: NIH rejects Fabrazyme March-In Petition

Abbott recently sought compulsory license in US patent dispute

Sunday, 29 April 2007

(When the shoe was on the other foot, Abbott asked for a compulsory license, while criticizing Thailand for issuing compulsory licenses)
 

On the 12th of January 2007, Abbott Laboratories lost a bid in a U.S. District Court (the Western District of Wisconsin) for a compulsory license on a patent held by Innogenetics, Inc. that a judge and jury said Abbott infringed to manufacture and sell Hepatitis C virus (HCV) genotyping test kits.

 

KEI RN 2007:2 Recent examples of compulsory licensing of patents


KEI Research Note 2007:2 [1]

(A PDF version of this is available here.)


Recent examples of the use of compulsory licenses on patents[1]

KEI Research Note 2007:2

TRIPS Flexibilities and Compulsory Licensing

Some relevant KEI Research:

Compulsory licensing

This is from an exchange on IP-Health.

———–
Dear Aidan and Thomas.

There are several things I could mention about this revised position on compulsory licenses, but I will begin with these.

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