About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.
2018 Juristant Badge - MBHB_165
Juristat #4 Overall Rank

E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Contact the Docs

Docs on Twitter


Disclaimer

  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.
Juristat_165
Juristat #8 Overall Rank

Pharma-50-transparent_216px_red

« GAO Testimony Supports POPA's Position on Examiner Attrition | Main | Ocean Tomo Announces Agenda for Spring 2008 Live IP Auction & Summit »

March 13, 2008

Comments

It seems, though, that Mr. Manbeck has not disclosed that his firm's website accepts the accolade of being "the leading law firm in generic drug law." See http://www.rothwellfigg.com/news_080301.php. It is no wonder, then, that Mr. Manbeck embraces the school-marmish moralism of the current inequitable conduct doctrine.

A patent is an economic right. If the inequitable conduct has affected the scope of the economic right, then it may be appropriate to render some portion of the patent unenforceable (i.e., the affected claims). But when the doctrine becomes unmoored from economic considerations, courts are merely deciding whether a party is morally worthy to possess a patent.

If the pleadings in recent ANDA cases are any guide, the generic drug industry believes that few innovator companies are morally worthy of the protection that their patents provide them. Therefore, it is no surprise that Mr. Manbeck embraces what amounts to a "moral worthiness" test for inequitable conduct.

The comments to this entry are closed.

May 2023

Sun Mon Tue Wed Thu Fri Sat
  1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31