By: Editorial Staff, Date: December 4th, 2023
Patent infringement damages refer to the compensation awarded to a patent holder when someone unlawfully uses, makes, or sells their patented invention. Explore this infographic showcasing the various types of damages that can be awarded to patent holders.
Learn more at our webcast: Navigating Challenges in Patent Damages Analysis: Key Considerations for Litigants and Counsel
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Critical Issues in Hatch-Waxman Litigation
The pharmaceutical labeling carve-out regulations remain a source of complexity in several cases. The Hatch-Waxman Act created a way for the Food and Drug Administration (FDA) to approve generic drugs even if they omit information about protected use to encourage competition among generic products. However, following the Teva v. GSK ruling, businesses must exercise caution and recognize the intricate relationship between Orange Book listed use patents, reference listed drug’s prescribing information, and promotional labeling and other related activities.