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The Unified Patent Court is set to open in 2022 and has the potential to significantly change how patents are applied for and protected in Europe. The Bundesrat has approved the Protocol on Provisional Application of the UPC Agreement, taking us another step closer. The Protocol on Provisional Application is not yet in force, it needs to be ratified by one further EU state which now looks set to be Austria. 16 December 2021
Americas
Sun Pharmaceutical has been sued by ACS Dobfar subsidiary InfoRLife and WG Critical Care for allegedly infringing on a patent with its proposed midazolam-an anaesthesia medication. 16 December 2021
Americas
Multinational 3M has suffered a setback in its litigation campaign against the distributors of N95 masks after a US judge found in favour of arguments made by one of its opponents. 14 December 2021
Generics
The Association for Accessible Medicines, which represents manufacturers of generics and biosimilars, has succeeded in challenging a California bill that characterises “reverse payment” or “pay-for-delay” patent settlements as anticompetitive and unlawful. 14 December 2021
Generics
Nutritional supplements manufacturer Pharmavite has filed an antitrust suit against Bausch & Lomb and GlaxoSmithKline, claiming that they are filing sham patent litigation related to its “PreserVision” products. 13 December 2021
Generics
Following a substantial push from generics companies to reverse the GSK v Teva “skinny” label ruling, GlaxoSmithKilne has added its response to the petition to rehear the case yet again. 9 December 2021
Generics
Teva Pharmaceuticals has failed to convince the US Court of Appeal for the Federal Circuit that a Corcept Therapeutics method patent for Korlym was invalid. 9 December 2021
Americas
Mylan has been allowed to revisit a decision holding that it infringed patents covering AstraZeneca's inhaler asthma treatment, Symbicort. 9 December 2021
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Patent linkage is a complex issue as it amalgamates the protection of IP with the remit of drug regulators in varying jurisdictions. The scope of this interaction varies in different countries and pharmaceutical companies need to know which jurisdictions adopt a patent linkage regime when they decide whether to adopt an enforcement strategy or seek regulatory approval for a new product. 9 December 2021
Americas
Fresenius Kabi is facing a lawsuit by two Pharmasphere subsidiaries over claims that it infringed a patent covering a treatment for hypocalcemia, a condition where the blood sugar level is lower than normal. 7 December 2021