Patent Valuation, Monetization and Investments

Blog

Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged Listing Statute
What are the policy considerations behind the Teva v. Amneal decision for Orange Book listed patents?

The FTC recently challenged scores of pharmaceutical patents as improperly listed in the Orange Book.  This was an important because, among the many ways that BigPharma has been accused of abusing the patent system to block lower-cost generic formulations, attacking Orange Book listings has had limited success in the past.  In 2020, the First Circuit endorsed antitrust allegations against Sanofi for improperly listed patents.  More recently, the Federal Circuit issued a precedential decision limiting the scope of patents that can be permissibly listed in the Orange Book.  This is also an important decision because it is one of the few precedential decisions from the Federal Circuit to address this issue.  What are the policy implications of the Federal Circuit’s recent ruling regarding Orange Book patent listings? 

Read More