Despite litigation in at least ten jurisdictions across the world, Ranbaxy has so far been unable to obtain launch before patent expiry (~2011). (Further analysis below.) On 28 June 2006, the...

Relative cost and time to first instance judgment are important components of global litigation strategy. A fast decision in a key jurisdiction will create an early strategic advantage. However, expensive litigation...

In preparation for expiry of the key blocking patent covering Zocor (Simvastatin), Merck has made two strategic but controversial moves in the USA to neutralize any advantage that generic first filers...

On 15 June 2006, the Full Federal Court of Australia handed down its judgment in Merck & Co Inc v Arrow Pharmaceuticals Limited [2006] FCAFC 91. Under Australian law, a patent...

I recently came up with the ‘6T’s’™ framework to provide a simple structure for executives to analyze intellectual property. Here it is — please let me know what you think. Intellectual...

On 2 June 2006, the Supreme Court of Canada handed down its decision in Mattel, Inc. v. 3894207 Canada Inc., 2006 SCC 22. Take home In Canada, the mere fame of...

On the same day as the ‘Barbie’ Decision (2 June 2006), the Supreme Court of Canada handed down its decision Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltée, 2006 SCC 23. Comment...

On 5 May 2006 the Provincial High Court of Madrid handed down ruling 89/2006 in Merck Sharp & Dohme DE Espana S.A. v Bexal Farmaceutica, S.A. Take home Contrary to concern...

This is one for those in the pharmaceutical industry and an interest in the USA. It has potentially enormous implications for strategy in this industry in the US, and about zero...

On 19 May 2006, Mr Justice Pumfrey of the UK High Court (Patents Court) handed down his decision in Mayne Pharma v Debiopharm SA & Sanofi-Synthélabo [2006] EWHC 1123 (Pat). Take...