Here’s a couple of recent events showing what happens if you focus too much on tactics and not so much on strategy:
- CAFC affirms attorney fee of over $16 million in connection with ANDA patent challenge: Takeda v Mylan (Hal Wegner) (Law360) (Orange Book Blog) (Promote the Progress)
European Commission issues preliminary report on its inquiry into competition in the pharmaceutical sector (IPKat) (Copyfight) (IAM) (Managing Intellectual Property) (Law360) (Patent Docs) (GenericsWeb) (IPKat) (Excess Copyright)
These are both in the pharmaceutical industry – one each for innovators and generics.
Rather than focusing on ‘doing all you can to keep generics off the market’ or ‘getting the first Para IV filing come what may’, perhaps its time to sit back and be a lot more strategic. Clearly the courts, the community and the competition authorities are watching closely. Then of course there’s also the ongoing global financial crisis to factor in.
How do you define an optimum strategy while navigating all of these new risks and dangers?
In today’s world, one has to be even more strategic than ever before.