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BioWorld - Friday, May 8, 2026
Home » Topics » Regulatory » Courts

Courts
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Court says PTAB appointment process is unconstitutional

Nov. 5, 2019
By Mark McCarty
The U.S. Court of Appeals for the Federal Circuit has decreed that the regulations governing appointment of judges to the Patent Trial and Appeal Board (PTAB) violate the U.S. Constitution – a decision that gives a medical device maker a new bite at patent litigation, but which also raises the question of whether a large number of PTAB decisions will have to be relitigated.
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Some state AGs balking at Purdue settlement attempt in massive opioid suit

Sep. 13, 2019
By Mari Serebrov
With little more than a month to go before a trial begins in a multidistrict litigation (MDL) against several opioid manufacturers, privately owned Purdue Pharma LP is continuing its efforts to settle with all the plaintiffs involved.
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Health of U.S. patent system in the eye of the beholder

Sep. 13, 2019
By Mari Serebrov
Depending on who's talking, the U.S. patent system may, or may not, be in dire need of reform. In a Senate Judiciary subcommittee hearing Wednesday on the bipartisan STRONGER Patents Act, Sen. Chris Coons (D-Del.) stressed the need to undo the precedent set by the Supreme Court's 13-year-old eBay decision that weakened injunctive relief in infringement cases and to resolve some of the unintended consequences of the 2011 America Invents Act (AIA).
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Suboxone marketing ploy leads to $1.4B settlement, and more to come

July 16, 2019
By Mari Serebrov
In the largest U.S. opioid-related settlement yet, Reckitt Benckiser Group plc agreed to pay a total of $1.4 billion to end federal civil and criminal investigations into its role in delaying generic competition to Suboxone, an opioid-addiction treatment drug.
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Judges rail against court precedent as another Dx patent bites the dust

July 9, 2019
By Mari Serebrov
Patent holders are wasting their resources when they ask the U.S. Court of Appeals for the Federal Circuit for an en banc rehearing on diagnostic claims that have been declared ineligible because they cite a law of nature.
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23andme to appeal to Federal Circuit in spat with Ancestry.com

Nov. 12, 2018
By Mark McCarty
23andme, of Mountain View, Calif., may appeal to the U.S. Court of Appeals for the Federal Circuit to hear a patent dispute the company has with Ancestry.com of Lehi, Utah, without having to wait for the conclusion of a parallel dispute over trademarking. At risk is a gene profiling method for determining ancestry dubbed "identical-by-descent," but recent developments in case law suggest the patent has a tough road ahead of it.
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