Senator Warran recently asked what the Patent Office can do about patent thickets. Yet, the courts are in the unique position of having to contend with scores of patents asserted within a single suit. When a brand pharmaceutical company shows up with 20, 60 or 100 patents in a single suit, those challenges can be exacerbated by orders of magnitude. So, how have courts face this challenge? Regeneron’s pending patent suit against Mylan over its prospective biosimilar for Eyelea® is an interesting example.
Read MoreIn June of this year, the Supreme Court issued a decision in WesternGeco LLC v. Ion Geophysical Corp. On its face, the case had minimal potential impact because it was limited to a more rarified form of infringement. Now, however, the District Court in the long-running dispute between Power Integrations and Fairchild Semiconductor has suggested WesternGeco could justify taxing foreign sales for other forms of infringement of a United States patent. And the Court has also kicked this question up to the Federal Circuit to decide. Will damages for infringing a U.S. patent soon reach foreign sales?
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