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  • Orange Book Blog is published for informational purposes only; it contains no legal advice whatsoever. Publication of Orange Book Blog does not create an attorney-client relationship. Orange Book Blog is Aaron Barkoff's personal website and it is intended for other attorneys. Orange Book Blog is not edited by McAndrews, Held & Malloy, Ltd. ("MHM") or its clients. No part of Orange Book Blog--whether information, commentary, or other--may be attributed to MHM or its clients. MHM represents many companies in the pharmaceutical and biotechnology industries, and therefore Orange Book Blog may occasionally report on news that relates to MHM clients. Orange Book Blog will always strive to be unbiased. All information on Orange Book Blog should be double-checked for its accuracy and current applicability. -- © Aaron F. Barkoff 2006-2017

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March 04, 2007

Comments

HB

What a wierd case. A couple of things:

1. I assume the date of the NZ reference on the front of the US patent is wrong as it says 12/1996, and the US app. was filed 9/1996.

2. The asserted patent expired for failure to pay maintenance fees in February 2006. Seems like further evidence of bad management by the patent owner. Maybe this is grounds on appeal for the defendant to get the 30% reinstated?

HB

Gyula Huszar

On pages 20 and 22 of the judgment, it would seem that Dr. Sherman allegedly changed the date on the patent approval and introduced it into evidence. Is this not frowned upon? How would a case with this type of evidence creation be viewed and treated if the plaintiff wasn't a billionaire genius?

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