Must Whole Patent Be Nixed To Forfeit 180-Day Exclusivity?

Under the Hatch-Waxman Act, what happens to a first applicant’s 180-day exclusivity when the Federal Circuit issues a final decision rendering less than all of a patent’s claims invalid or not infringed? We have not found a court or U.S. Food and Drug Administration decision that has considered this question, say Jaimin Shah and Steve …

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The limit of knowledge: Su v Clarksons Platou Futures

When litigation is successful, the winning party will rarely struggle to identify advisors and employees happy to take credit for the outcome. When litigation fails spectacularly, a company’s advisors (and their professional indemnity insurers) may well be less eager to shoulder some or all of the responsibility. This trite rule of thumb causes difficulties where …

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Part 36 and the costs of an unreasonable exit from the RTA Protocol: Ansell & Evans v AT&T

The following blog looks at an appeal decision concerning Part 36’s operation where there is a dispute about the reasonableness of exiting the Road Traffic Accident (RTA) Protocol. In the County Court at Oxford, HHJ Melissa Clarke has given a very helpful judgment on a vexed point concerning CPR 45 Section IIIA fixed costs cases. …

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Know your costs lawyers from your costs draftsmen

The Court of Appeal delivered judgment in the case of Gempride v Bamrah recently, a case on misconduct in detailed assessment proceedings. The case is the first time the Court of Appeal has considered CPR 44.11 and is essential reading for any solicitor who sub-contracts out costs work to a cost specialist. The facts are slightly …

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