Since Merck & Co. v. Teva Pharmaceuticals, blocking patent arguments have arisen in the Federal Circuit primarily in the pharmaceutical patent context, and until now have largely been limited to undermining evidence of commercial success. But just like gremlins fed after midnight, this doctrine inevitably spawned unwanted offspring that are now wreaking havoc… Assuming that no one would ever develop a product that might infringe a patent is inconsistent with numerous Federal Circuit realities. It’s right up there with the Tooth Fairy (sorry, kids).
The post Expansion of the Blocking Patent Doctrine: Trading Logic for Gremlins appeared first on IPWatchdog.com | Patents & Patent Law.
Recent Posts
- IP VIPS Send Letter to Congress Countering Calls for Government Price Controls on Drugs
- Deadline for Comments on USPTO RFC on Standards and IP Extended
- Independent Inventor Seeks New Trial for LG’s Alleged Violations of Sotera Stipulation
- Realtek Denied Mandamus Relief at CAFC in ITC Battle with AMD
- IPWatchdog LIVE 2023 Recap: Video of Judge Newman’s Powerful Remarks and What Sets the LIVE Meeting Apart