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Federal Circuit Invalidates Fosamax Patent
In Merck & Co. v. Teva Pharms. USA, Inc., 395 F.3d 1364 (Fed. Cir. 2005), the Federal Circuit reversed a lower court's ruling, and found that claims 23 and 37 of U.S. Patent 5,994,329 (the '329 patent) were invalid for obviousness. The '329 patent discloses a method of treating and preventing osteoporosis through less-than-daily administration of bisphosphonate compounds. This patent is listed in the Orange Book as covering Merck's Fosamax drug, which had sales of $3.2 billion in 2004.
In 2000, Teva amended an existing ANDA and sought FDA approval to market a generic version of Fosamax in 35 mg and 70 mg quantities. The '329 patent claims a method for treating and preventing osteoporosis by orally administering “about” 35 mg or 70 mg of alendronate monosodium trihydrate once-weekly. The district court found that Merck had acted as its own lexicographer and had redefined the ordinary meaning of “about” 35/70 mg to mean the equivalent of 35/70 mg.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
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