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Attorney Bio: Elizabeth Potts Weinstein has been an online entrepreneur since 2004 and enjoys exploring empty roads on the edge of the wilderness. She has been a licensed attorney since 2000, has a Master’s Degree in Human Behavior, and has a Bachelor’s degree in Chemistry, Biology, and Environmental Studies. Elizabeth regularly appears on podcasts, radio, television, and publications such as the Wall Street Journal and the Washington Post.
Eli Mazour on LinkedIn: After years of hard work, an important opportunity to advance fixing the…
After years of hard work, an important opportunity to advance fixing the Section 101 mess & some of the PTAB’s flaws. Great advice for how other in-house…
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FTC Challenges More Than 100 Patents as Improperly Listed in the FDA’s Orange Book
Today, the Federal Trade Commission (FTC) challenged more than 100 patents held by manufacturers of brand-name asthma inhalers, epinephrine autoinjectors, and other drug products as improperly or i
“Wrongfully listed patents can significantly drive up the prices Americans must pay for medicines and drug products while undermining fair and honest competition,” said FTC Chair Lina M. Khan. “The FTC’s action today identifies over 100 patents that we believe are improperly listed, affecting products ranging from inhalers to EpiPens. We will continue to use all our tools to protect Americans from illegal business tactics that are hiking the cost of drugs and drug products.”
When the listing of a drug substance or drug product patent is disputed consistent with the applicable FDA regulations FDA will send the statement of dispute to the New Drug Application (NDA) holder who will then have 30 days to withdraw or amend these listings, or certify under penalty of perjury that the listings comply with applicable statutory and regulatory requirements.
Last month, the FTC issued a policy statement that warned that the agency would be scrutinizing the improper submission of patents for listing in the Orange Book. The Commission said improper listings in the Orange Book may harm competition from cheaper generic alternatives and keep brand prices artificially high.
While You Weren’t Looking, Big Tech Destroyed Your Rights Randy Landreneau, President The Loss of Inventor Rights - A Concise Description Join Us By Signing The Inventor Rights Resolution FEATURED
Private Patent Rights, the Patent Bargain and the Fiction of Administrative 'Error Correction' in Inter Partes Reviews
This paper shows that the Framers empowering Congress to act by “securing for limited Times to…Inventors the exclusive Right to their…Discoveries” understood th
The Evidence Google's Systematic Theft is Anti-Competitive
Image via CrunchBase Systematic theft may be the most anti-competitive and monopolistic practice in which a company can engage. Systematic theft generates an unbeatable cost advantage by avoiding the standard cost of propertied goods for which law-abiding competitors must pay. It creates an unfair, jump-the-gun, time-to-market advantage, by ignoring the rule [...]
In the U.S., large tech companies regularly infringe on smaller companies’ intellectual property (IP). Often, this has led to large court settlements that punish larger companies. But, this enforcement mechanism has been weakened. In 2011, Congress created a tribunal within the U.S. Patent and Trademark Office called the Patent Trial and Appeal Board (PTAB), which has created a new avenue for major tech companies to challenge IP protections. New legislation would further enable this attack on IP protections, and ultimately harm the U.S. economy as a whole.
How Google and Big Tech Killed the U.S. Patent System - IPWatchdog.com | Patents & Intellectual Property Law
In a Banana Republic the Elites rule over a servile government that abets and supports, for kickbacks and bribes, the exploitation of the rest of society. Instead of Dole and United Fruit controlling Honduras, we now have Apple, Microsoft, Amazon, Google and other tech giants controlling Congress and the Executive...
The Great Escape: Efficient Infringers Increasingly Seek to Abuse Antitrust Law
Last week the Federal Circuit issued an important decision that might be easy to overlook. In Intellectual Ventures I LLC v. Capital One Financial Corporation, the Federal Circuit dodged the antitrust question presented by finding that a prior ruling had collateral estoppel effect.
Google's loss to Sonos settles it: Big Tech has an IP piracy problem
Simply put, Big Tech benefits from stealing IP. The legal costs and potential damages, if ever issued after years of litigation, are paltry by comparison.
By Adam Mossoff & Bhamati Viswanathan
In a recent New York Times op-ed, “The Patent Troll Smokescreen,” Joe Nocera used in print for the first time the term, “efficient infringement.” This pithy phrase quickly gained currency if only because it captures a well-known phenomenon that has been i