Pay-for-Delay Circuit Split Continues; 31 States File Amicus Brief Arguing Pay-For-Delay is Presumptively Unlawful

Earlier this year, in the case In re K-Dur, the Court of Appeals for the Third Circuit found that reverse settlement agreements, also known as “pay-for delay” arrangements, were prima facie evidence of anticompetitive behavior. The court noted that the presumption that such payments are unreasonable restraints of trade can be rebutted by a showing that the payment either offered a pro-competitive benefit or that the payment was for a purpose other than delayed entry into the market of generics. Continue Reading

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WTO TRIPS Council (November 2012): Intervention of Brazil on Intellectual Property and Innovation

On 7 November 2012, Brazil delivered the following intervention under agenda item M, “Intellectual Property and Innovation”.

Statement by Brazil. TRIPS Council.
“Intellectual Property and Innovation”.

Thank you Chairman,

When Brazil asked for an item on “Intellectual Property and Innovation” to be included in the agenda of this session of the TRIPS Council, together with the US delegation, its primary intention was to help set the stage for a debate, without prejudging any outcome whatsoever.

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How did markets respond to Romney’s temporary surge in polling data?

How did the market respond to Romney’s temporary surge in polling data? And which sectors of the economy expect to do better if Romney is elected? For the companies included in a survey, the share prices for all large banks and large health insurance and managed care providers rose when Romney’s poll numbers unexpectedly surged, while prices for the companies in the telecommunications and technology sectors declined.

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Supreme Court Hears Oral Arguments in First Sale Doctrine Case (Kirtsaeng v. John Wiley & Sons)

On Monday, 29 October 2012, the Supreme Court of the United States heard oral arguments in the first-sale doctrine case, Kirtsaeng v. John Wiley & Sons. This case involved the petitioner, Kirtsaeng, purchasing lawfully made copies of the books from Thailand and reselling these books in the United States. John Wiley & Sons asserted, and the Second Circuit agreed, that the first sale doctrine applies only to copies manufactured in the United States and does not apply to foreign made goods. Continue Reading

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October 19 WIPO negotiations on copyright exceptions for disabilities

After three days, the WIPO intersessional negotiations on copyright exceptions for persons with disabilities adjourned. On July 26, 2012, the SCCR negotiating text (SCCR 24/9) was 26 pages long, with 4051 words, and included 56 brackets, and 20 alternatives. The Final document on Friday (copy here) evening was 26 pages, with 47 brackets, and 22 alternatives.

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US department of Commerce heavily redacts FOIA request regarding Thailand compulsory license

What type of leverage has the Obama Administration used to pressure Thailand to prevent the granting of compulsory licenses on drug patents? The US Department of Commerce has just released a FOIA request with 298 pages of documents on this topic. 136 pages of the FOIA are for a Fall 2010 masters theses by Stephanie Tranchevent Rosenberg (pages 36 to 171 of the FOIA). Continue Reading