Patent Valuation, Monetization and Investments

Blog

Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged Paragraph IV
Section 285 attorneys’ fees are not available for pure IPRs. How much does that matter?

On June 4, the Federal Circuit issued a precedential decision holding that § 285 under the Patent Statute is inapplicable for awarding attorneys’ fees to the prevailing party in a proceeding for inter partes review. The case is Amneal Pharmaceuticals, LLC v. Almirall, LLC, Case No. 2020-1106 (Fed. Cir. Jun. 4, 2020). While the Court’s decision dispenses rather cleanly with the possibility of collecting fees for prevailing in an IPR, the Court nonetheless left open the door to collecting fees if the IPR is intimately tied to a pending parallel district court case. How much does that matter?

Read More
Will Exelixis’ patents hold back generic competition for Cabometyx?

Exelixis ($EXEL) recently received a Paragraph IV certification against its drug, Cabometyx, which is indicated for kidney cancer and as a second-line treatment for liver cancer.  The certification was sent by MSN Pharmaceuticals.  A lawsuit is likely to be filed by Exelixis against MSN within 45 days of the Paragraph IV certification.  How well-positioned is Exelixis to fight this generic challenge? 

Read More