Title :
Patents-how much do you need to know to sue?
Author :
Klee, Maurice M.
Abstract :
How much does the owner of a method patent need to know about a competitor´s manufacturing process before bringing a patent infringement suit? Not much-according to the Court of the Appeals for the Federal Circuit (CAFC) in the recent case of Hoffman-La Roche and Syntex (Roche) v. Invamed et al. The case involved the continuing battle between name-brand and generic drug manufacturers. Roche sued eight generic drug manufacturers who were coming out with generic versions of Roche´s TICLID(R) brand anti-stroke medicine. The basic patent on TICLID(R) had expired but there were still patents on improved methods for making its active ingredient. Roche´s problem was that it could not tell from the finished product whether its patented methods had been used or not
Keywords :
manufacturing processes; patents; patient treatment; Court of the Appeals; Federal Circuit; Hoffman-La Roche; Invamed; Syntex; active ingredient; antistroke medicine; competitor´s manufacturing process; generic drug manufacturers; method patent owner; name-brand drug manufacturers; patent infringement suit; patented methods; suing; Circuits; Computer vision; Drugs; Inspection; Law; Legal factors; Machine vision; Manufacturing processes; Robot vision systems;
Journal_Title :
Engineering in Medicine and Biology Magazine, IEEE