Anthony Insogna

Jul 9, 2024 | jdsupra.com | Sarah A. Geers |Matthew Hertko |Anthony Insogna

In ShortThe Situation: The Hatch-Waxman Act allows generic drug manufacturers to "carve out" a brand's patented indications from their proposed labeling. Generic manufacturers often rely on these so-called "skinny labels" to try to avoid findings of infringement in standard Hatch-Waxman cases, but in post-marketing situations, the generic's "skinny label," coupled with its public statements, can be evidence of induced infringement even as to the carved-out, patented uses.

Jul 9, 2024 | mondaq.com | Anthony Insogna |Sarah A. Geers |Matthew Hertko |Andrea Weiss Jeffries

The Situation: The Hatch-Waxman Act allows generic drug manufacturers to "carve out" a brand's patented indications from their proposed labeling. Generic manufacturers often rely on these so-called "skinny labels" to try to avoid findings of infringement in standard Hatch-Waxman cases, but in post-marketing situations, the generic's "skinny label," coupled with its public statements, can be evidence of induced infringement even as to the carved-out, patented uses.

Jul 8, 2024 | lexology.com | Anthony Insogna |Sarah A. Geers |Matthew Hertko |Andrea Weiss Jeffries |Gasper LaRosa |John Normile

In ShortThe Situation: The Hatch-Waxman Act allows generic drug manufacturers to "carve out" a brand's patented indications from their proposed labeling. Generic manufacturers often rely on these so-called "skinny labels" to try to avoid findings of infringement in standard Hatch-Waxman cases, but in post-marketing situations, the generic's "skinny label," coupled with its public statements, can be evidence of induced infringement even as to the carved out, patented uses.

May 7, 2024 | mondaq.com | Anthony Insogna |Jennifer J. Chheda |Matthew Johnson |Emily Tait

On April 30, 2024, the United States Patent and Trademark Office ("USPTO" or "the Office") announced that it is seeking public input on how artificial intelligence ("AI") affects the determination of prior art as well as the legal hypothetical standard for the person having ordinary skill in the art ("PHOSITA"), which serves as a benchmark for claim construction, anticipation, obviousness, written description, and enablement.

May 1, 2024 | lexology.com | Anthony Insogna |Matthew Johnson |Emily Tait |Lily Zhang

The USPTO is seeking public input on whether prior art must be authored by humans and how, if at all, AI-generated disclosures should be treated differently from non-AI generated disclosures.