1. Home
  2. |Insights
  3. |Patent Cases – An Open Door for MOT Patent Litigation

Patent Cases – An Open Door for MOT Patent Litigation

Publication | 01.12.22


[Article PDF]

Expanded grounds for infringement could give branded drug companies an edge

A recent Federal Circuit ruling has opened what had been considered a closed door for litigation over pharmaceutical method-of-treatment (MOT) patents brought under the Hatch-Waxman Act. While the ruling’s implications differ for branded pharmaceutical makers and generic producers, one thing seems likely: MOT litigation is poised to take off.

How did we reach this point? As is typical with litigation, it goes back a few years and requires some explaining.

Read the complete article in the Litigation Forecast 2022

Insights

Publication | 01.15.25

Administrative Law: Big Shifts in Administrative Law

As companies consider taking class actions to trial, a blockbuster decision from the U.S. Supreme Court instructing lower courts not to defer to federal agencies’ interpretations of the statutes Congress charged them with administering may prove useful. Companies should also be aware of a second decision holding agencies’ use of in-house judges to mete out civil penalties to be unconstitutional....