High Court Should Review Horizon Arthritis Drug Patent Case

Law360 (September 8, 2020, 12:24 PM EDT) -- So much patent-law attention today focuses on Title 35 of the U.S. Code, Section 101, and the ever-emerging ineligibility case law, and perhaps rightly so. The problem arises when another legal basic gets lost in the judicial shuffle, risking damage to core patent rights and doctrine if left uncorrected. And that is a primary reason why, in our view, the U.S. Supreme Court should grant certiorari in HZNP Medicines LLC v. Actavis Laboratories UT Inc.[1]

Patent rights and patent litigation largely hinge on determinations about the patent's claims, whether the issue is infringement, indefiniteness, invalidity or damages.[2] As former Federal Circuit...

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