Another CVSG
Although the event is doubtless eclipsed by today’s eBay ruling, one shouldn’t fail to notice that the Supreme Court once again issued a call for the views of the Solicitor General (a “CVSG”) in a patent case … this time, in Apotex v. Pfizer, 05-1006. (The Federal Circuit summarily affirmed the trial court’s ruling dismissing the generic drug maker’s suit for lack of jurisdiction. The trial court’s opinion is reported at 385 F. Supp.2d 187 (S.D.N.Y. 2005).)
This brings to five the number of CVSG briefs now due from the SG’s office in patent cases. The cases are as follows: (1) (2) KSR Int’l v. Teleflex Inc., No. 04-1350 (proper standard for evaluating nonobviousness); (2) FTC v. Schering-Plough Corp., No. 05-273 (antitrust review of patent litigation settlement); (3) SmithKline Beecham Corp. v. Apotex Inc., No. 05-489 (anticipation by inherency); (4) Microsoft v. AT&T, No. 05-1056 (scope of liability under 271(f) for sending software master disc abroad); and now (5) Apotex Inc. v. Pfizer, Inc., No. 05-1006 (propriety of declaratory judgment jurisdiction in generic drug maker’s patent suit against name-brand drug maker).
The Supreme Court is fired up for patent law!
[...] Slip op. at 2. The skepticism of modern patent standards and licensing practices expressed here is, I think, quite intense. It’s not merely fees, it’s “exorbitant fees.” It’s not merely leverage, it’s “undue leverage.” This concurrence is just one vote shy of a majority. With all the major patent cases that are serious candidates for cert, the tenor of Justice Kennedy’s views will no doubt feature heavily in future cases. [...]
Pingback by The Fire of Genius » The eBay earthquake Part 2 — May 15, 2006 @ 10:50 am
[...] As I noted here yesterday, the Supreme Court has asked the SG to offer the views of the U.S. on the certworthiness of the declaratory judgment jurisdiction question presented by Apotex Inc. v. Pfizer, Inc., No. 05-1006. [...]
Pingback by The Fire of Genius » Declaratory judgment jurisdiction — May 16, 2006 @ 10:04 pm
[...] appellate strategy in a given case. Filed under: Patent , IP Policy , Supreme Court Permalink | Trackback URL| [...]
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