USPTO Proposes that Applicants Examine their own Patents

February 11, 2006

In a bizarre move to deal with the growing mound of patents awaiting examination, the US Patent and Trademark Office (USPTO) has proposed a rule that Applicant submit an examination support document for applications including more than 10 claims. Read the rest of this entry »


Teva risks being sued for willful infringement with sale of generic version of Oxycontin

February 11, 2006

Teva, Israel’s generic drug giant, manufactures a generic version of Oxycontin, a pain killer developed and patented by Purdue. back in June, the US Court ruled in favor of defendant Endo, that Purdue’s patents for Oxycontin were worthless, due to innacurate statements made to the USPTO during their prosecution, and granted Endo a six month grace period to market the drug.

In December 2005, after the grace period ended, Teva started to market their generic version of the drug.  The appeals court has now reopened the debate on the validity of the patents, and Teva risks being sued for willful infringement, which carries a penalty of 3 times damages.