Legal

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Pay for Delay?

Europe follows the United States with a harsh new spotlight on agreements that slow generic entry for medicines losing exclusivity.

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As small biotech firms test the water in partnerships with Big Pharma, the best calling card is a well-framed strategy on intellectual property.

Compliance officers have risen into management's highest ranks, by choice in some organizations, and by government decree in others. Either way, their importance as a strategic partner can hardly be understated.

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Pharmaceutical trade dres is an effective marketing tool that helps boost product recognition for consumers. It's worth protecting.

State tech transfer laws giving universities automatic ownership of employees' inventions represent a threat to pharma partnerships-but the Supreme Court is poised to intervene in the industry's favor.

The Federal Circuit court continues its trend in tightening the standards for establishing patent damages by leapfrogging a stalled legislative process

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Mind the (Tax) Gap

A little-known provision in a new law rewards employees for blowing the whistle on tax fraud. Pharma should examine its tricky tax situation-and work out the issues on a global level.

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Documents from R&D, clinical affairs, regulatory, and sales and marketing can be in the millions. Throw electronic information into the mix, and the number of documents required for litigation increases exponentially.

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When one company purchases another's branded trademarks as keyword search terms, the goal is to lure consumers to the buyer's site.

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Legal: Going to Court

In cases that reached a verdict between 2002 and 2006, the branded pharma industry won six of six cases by verdict in Delaware, but lost six of eight in New Jersey, all by summary judgement. Despite what judges say, it's no coincidence.

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Indeed, at this time, we are aware of no evidence that the practice of authorized generics has actually deterred any Paragraph IV certification or post-180 day generic entry, let alone a challenge to an invalid patent.

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Scott Gottlieb called RFID implementation "disappointing." Now, FDA is moderating its view of RFID as a cure-all for the industry.