The bottom line is that the patent system has a long-term policy interest in incentivizing patentees
not only to write a claim but to write a precise claim that actually conveys information.
low quality inventions than high quality ones, patentees
may be better
Natco Pharma in reply submitted that they were aware of the pending infringement suit filed by the patentee
against Cipla but it was not suppression of a material fact because the pending suit had no relevance to the compulsory licensing application.
who do not practice their patents, including but not solely small inventors and universities, contribute greatly to both the promotion of innovation and the broader economy.
It would heighten the pleading requirement for patent cases, make it easier for the prevailing party in a patent litigation to receive its fees, limit the scope of discovery, require the patentee
to identify the "real party in interest," suspend litigation against customers, and alter certain aspects of the aforementioned America Invents Act.
The patent-exhaustion doctrine originated in case law from 1852 and stands for the principle that once a patented product is sold, the patentee
holds no rights in that particular product--it becomes the personal property of the buyer.
almost always still framed in terms of saying that patentees
133) The grant of exclusive rights to patentees
"carries out a public policy adopted by the Constitution and laws of the United States, 'to promote the Progress of Science and useful Arts, by securing for limited Times to .
As a result, patentees
are being forced to rethink litigation strategies to ensure that willfulness is addressed at the pleading stage and to ensure that sufficient evidence is obtained through discovery to prove that the infringer engaged in egregious misconduct.
there is no reason to suppose that plaintiff patentees
would face either surprise or unusual difficulties in getting all relevant and probative evidence before the court in the first litigation.
It permits patentees
to exclude infringing products from the US market, but does not allow for monetary damages or for cancellation of a patent.
Once all of the pertinent information has been gathered (on an on-going basis) and reviewed by the PMPRB, the review board has the power to order the patentee
to lower the price of the drug in any market in Canada for any period of time.