Not a Dry Eye in the House Federal Circuit Thwarts Drug Company’s Attempt to Avoid Inter Partes Review
August 30, 2018
We’re all familiar with the phrase, “there was not a dry eye in the house,” which conveys that all of the attendees at a particular event felt emotional about what they had seen or heard, and many were crying. Less well known is the eye condition appropriately known as “dry eye,” in which the natural tearing of the eye does not function properly.
3rd Cir. Refines Numerosity: 22 is NOT the New 40
November 1, 2016
Twenty-two class members was not enough “strength in numbers” to pass the Third Circuit’s newly-created “particularly rigorous” review of classes of only 15 to 40 members who fail to show judicial economy and practicality when seeking class certification.
U.S. v. Bayer Is Proof ─ Daubert Is Not Hard To Digest
August 13, 2015
No matter what you’re ailing from, there’s a pill for it. But how much proof does a manufacturer need to advertise a product’s medicinal benefits? This question was the topic of discussion in the recent U.S. v. Bayer case over Bayer’s claims that one of its medications offers probiotic benefits. In analyzing competing motions to exclude expert opinions, the court proved one thing for sure: Daubert is simply not that hard to digest.
Inter Partes Review Decision on Pharma Patents May Open Floodgates
August 4, 2014
The America Invents Act introduced a procedure called inter partes review (IPR) that provides accused patent infringers with a mechanism to use prior art consisting of patents and printed publications to challenge the validity of patent claims before the Patent Trial and Appeal Board.