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October 29, 2008


Don, Kevin,

This looks like it might be an interesting article, and I might even read it in the next week, as I'm curious about the approaches district courts have taken since Medimmune. But as a regular reader who enjoys the in-depth but focused nature of your posts, I ask that in the future you please link to articles like this rather than posting the whole text within the blog itself.


Thanks for the comment. Unfortunately, linking to the article was not an option since Patent Docs was the first to publish the article. However, I added a break, which should make the article easier to read.


Not to be critical, but only for completeness, there are several CAFC and D.Ct. decisions post-Medimmune that I think weren't discussed. I haven't had a chance to read the full article but a complete discussion would probably require some analysis of at least a few of these:

Caraco v. Forest (CAFC)
Merck v. Apotex (D. Del.)
Cat Tech v. Tubemaster (CAFC)
Eisai v. Mutual (D. NJ)
Impax v. Medicis (N.D. Cal.)
Janssen v. Apotex (CAFC)
Micron v. Mosaid (CAFC)
Prasco v. Medicis (CAFC)

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