This is an update to a 2007 report regarding a district court decision in the Innogenetics v. Abbott case here, regarding Abbott’s infringement of Innogenetics’s patents for HCV genotyping. The previous blog discusses the ruling at the district court level… Continue Reading
Bayh-Dole cases involving royalty free or march-in rights 1997 Cellpro case This was a strong case involving two competing medical devices, both invented on NIH grants, and a bad ending. The NIH rejection of the Cellpro march-in request led to… Continue Reading
Read first: Statutory authority for compulsory licenses on patents in the United States KEI Workshop: Feb 24, 2017 – U.S. History, Experiences, and Prospects of Compulsory Licensing of Medical Patents. There is a Video of the event here here. Non-voluntary… Continue Reading
Gilead 10-Q, 3rd quarter 2017 If any party is successful in establishing exclusive rights to axi-cel, our anticipated revenues and earnings from the sale of that product could be adversely affected. In October 2017, we acquired Kite, which is now… Continue Reading
KEI has advocated for copyright exceptions to expand access to works protected by copyright and related rights, when the owners of the rights cannot be located after reasonably diligent searches. Among the areas where KEI has be particularly active is… Continue Reading
The following are cases in the United States wherein compulsory licensing as a limitation on the remedies for infringement (Trips Article 44 cases) relating to medical technologies. 2012: Conceptus, Inc. v. Hologic, Inc. Conceptus, inc. filed a patent infringement case… Continue Reading
(More on compulsory licensing here.) This is a non-exhaustive set of provisions in US statutes that are used to for non-voluntary use of patented inventions. 28 U.S.C. 1498 – Patent and copyright cases (a) Whenever an invention described in and… Continue Reading
Global norms on compulsory licensing Country experiences Compulsory licensing in the United States Statutory authority for compulsory licenses on patents in the United States Compulsory licensing as a remedy to anticompetitive practices Compulsory licensing under the Bayh-Dole Act Compulsory licensing… Continue Reading
This does not yet have links to the TPP11 negotiations and agreement, after the US left. The May 11, 2015 consolidated text on the Intellectual Property Chapter of the TPP, with country positions. August 4, 2015 Press Release The May… Continue Reading
The governments of the United States, the European Commission, Japan, Switzerland, Australia, New Zealand, South Korea, Canada, and Mexico are negotiating a trade agreement named the Anti-Counterfeiting Trade Agreement (ACTA). Despite the name, the agreement is designed to address not… Continue Reading