In Kimble v. Marvel, the Supreme Court reaffirmed its oft-criticized holding in Brulotte v. Thys Co. that charging post-expiration patent royalties is per se misuse. In doing so, the Court distinguished between patent and antitrust precedent, holding that interpretations of the Patent Act enjoy a “superpowered form of stare decisis.” Joanna Tsai is a panelist during this webinar.
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Anticompetitive conduct and patents listed in the Orange Book
Branded pharmaceutical manufacturers are required by law to list all patents in the Orange Book that cover an approved drug product. However,...