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

DG-Enterprise – data exclusivity prevents access to life saving drugs (in the EU), even in an emergency situation

On February 20, 2006, Martin Terberger, the Head of Unit for Pharmaceuticals in the European Commission Directorate-General for Enterprise and Industry, wrote to Greg Perry of the European Generic medicines Association (EGA). The letter was a follow-up to an inquiry from the EGA regarding “the question of data exclusivity under the European pharmaceutical legislation,” in cases where a government overrode the exclusive rights of a patent and granted a compulsory license, and/or in a case of a medical emergency.

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Senator Schumer Press release calling for use of 28 USC 1498 to authorize generic manufacture of oseltamivir (TN: Tamiflu)

Schumer’s October 16, 2005 press release As Avian Flu Closes In On U.S., Schumer Calls For Immediate Action: Demands Suspension Of Tamiflu Patent So Vaccine Can Be Mass-Produced, Dramatically Increasing Supply Tamiflu, the Only Effective Treatment of Bird Flu in… Continue Reading