Verinata v. Ariosa – compulsory license granted to Roche over prenatal screening technologies under eBay v. MercExchange

On July 19, 2018, the U.S. District Court, Northern District of California, denied a permanent injunction requested by Illumina, Inc, and instead ruled that a forward looking royalty for continued non-voluntary use of the invention, a type of compulsory license,… Continue Reading

Innogenetics v. Abbott – 2008 compulsory license granted for HCV genotyping kits under eBay v. MercExchange

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

WTO: Spotlight on the United States at the Trade Policy Review (December 2012)

On 18 December 2012 and 20 December 2012, the World Trade Organization (WTO) undertook a trade policy review of the United States of America. All members of the WTO are subject to review under the Trade Policy Review Mechanism (TPRM). The questions raised by WTO Members during the US TPR touched upon on compulsory licensing (including cases of judicial compulsory licensing following eBay v. MercExchange), copyright (Golan v. Holder), the Special 301 report and the Medicines Patent Pool. On 30 April 2013, the WTO released the records of the meeting including WT/TPR/M/275. Continue Reading