Articles

  • Mar 25, 2024 | mondaq.com | Ted Mathias |Aziz Burgy |Rebecca Clegg

    We were so pleased to have the opportunity to address InformaMarkets' 13th Annual Pharma IPR Conference in Mumbai on legal challenges to polymorph patents. Patents covering one or more crystalline forms of a drug substance at times have presented steep obstacles to generic drug manufacturers' efforts to enter the market. As we sought to make clear through our presentation, however, polymorph patents are of varying strength and susceptible to both noninfringement and invalidity challenges.

  • Mar 19, 2024 | jdsupra.com | Aziz Burgy |Rebecca Clegg |Ted Mathias

    We were so pleased to have the opportunity to address InformaMarkets’ 13th Annual Pharma IPR Conference in Mumbai on legal challenges to polymorph patents. Patents covering one or more crystalline forms of a drug substance at times have presented steep obstacles to generic drug manufacturers’ efforts to enter the market. As we sought to make clear through our presentation, however, polymorph patents are of varying strength and susceptible to both noninfringement and invalidity challenges.

  • Dec 27, 2023 | mondaq.com | Aziz Burgy |Ian Swan

    Clients often ask if a law firm can represent both brand and generic drug manufacturers. It's a reasonable question, particularly when the popular perception is that potential conflicts pigeonhole law firms, forcing them to "pick a side" and represent either brands or generics. But the reality is that firms can and do represent both "sides" of the brand-generic divide, especially given the recent consolidations among companies.

  • Dec 19, 2023 | jdsupra.com | Aziz Burgy

    [co-author: Ian Swan]Clients often ask if a law firm can represent both brand and generic drug manufacturers. It’s a reasonable question, particularly when the popular perception is that potential conflicts pigeonhole law firms, forcing them to “pick a side” and represent brands or generics. But the reality is that firms can and do represent both “sides” of the brand-generic divide, especially given the recent consolidations among companies.

  • Nov 6, 2023 | jdsupra.com | Aziz Burgy

    As Benjamin Franklin famously remarked, “nothing is certain except death and taxes.” Recently, the U.S. Court of Appeals for the Third Circuit provided more certainty about the latter by holding that legal expenses incurred by generic drug manufacturers in defending patent infringement suits brought under the Hatch-Waxman Act are deductible from the manufacturers’ federal taxes as ordinary and necessary business expenses. Mylan, Inc. & Subsidiaries v.

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