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« Endo Pharmaceuticals Inc. v. Actavis, Inc. & Endo Pharmaceuticals Inc. v. Roxane Laboratories, Inc. (Fed. Cir. 2014) | Main | Shire Development, LLC v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2014) »

April 09, 2014

Comments

A small step in the right direction, but if finding additional uses for existing biologic drugs is the goal, it's not enough. In particular, there's no reason to exclude the innovators themselves from such research; they may actually be better poised than others to identify and develop additional uses.

So then a company seeking to commercialize such a method would ask the independent innovator for a license rather than an assignment, so the independent innovator would still be the owner of record and the patent would remain eligible for extension? Why encourage game-playing? If Congress wants to incentivize new uses for products, it should just do it across the board and not create different rights for different categories of patent owners.

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