Amgen Ruling Will Increase Section 337 Investigations

Law360, New York (March 27, 2008, 12:00 AM EDT) -- The Federal Circuit’s March 19, 2008, decision in Amgen Inc. v. International Trade Commission, No: 2007-1014 (Fed. Cir. 2008), significantly expanded both the ITC’s jurisdiction to conduct investigations and the defenses available to some accused infringers.

This decision, by a split panel, will have important effects on the frequency and scope of Section 337 investigations of alleged patent infringement involving FDA-regulated products.

The Court’s opinion in this case is significant for two reasons.

First, the Court determined that the safe harbor provided by 35 U.S.C. §...
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