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Patent Valuation, Monetization and Investments

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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged reasonable royalty
Is Novartis’ S1P modulator titration patent a “roadblock” to Celgene’s ozanimod?

While Bristol Myers ($BMY) proposed acquisition of Celgene’s ($CELG) remains in question by activists questioning Revlimid®’s pending patent cliff, a new patent angle emerges.  A Credit Suisse analyst recently identified a patent owned by Novartis ($NVS) that could purportedly act as a “roadblock” to Celgene’s MS drug ozanimod.  Is this true?

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Markman AdvisorsCelgene, CELG, Novartis, NVS, Bristol-Meyers Squibb, BMS, BMY, Gilenya, multiple sclerosis, fingolimod, sphingosine-1-phosphate, S1P, titrate, titration, roadblock, Credit Suisse, ozanimod, prior art, Patent Office, injunction, royalty, reasonable royalty, Zachary Silbersher, SilbersherComment
Has the entire-market-value rule survived the CAFC’s decision in Power Integrations v. Fairchild?

Every year, it seems, the Federal Circuit issues a precedential decision on damages, which seems to make the whole process more difficult.  The latest of these decisions comes in the long-running patent battle between Power Integrations and Fairchild.  In its latest opinion, the Court addresses the entire-market-value rule.  The Court essentially guts the rule, and leaves open the question whether there is an reasonable scenario where it will ever be applicable.

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Markman AdvisorsPower Integrations, Fairchild, Federal Circuit, damages, patent, entire market value, EMV, reasonable royalty, Zachary Silbersher, SilbersherComment