A drug company patented a drug [drug company #1] and a generic drug manufacturer [drug company #2] filed applications for generic drugs modeled after the patented drug. #1 brought an action against #2 claiming patent infringement. After the Food and Drug Administration approved the generic product, #1 and #2 entered into a settlement whereby #2 would […]
DNA Not Patent Eligible.
Under the Patent Act [35 USC § 101], patents may be issued to whoever invests or discovers any new and useful composition of matter. The United States Supreme Court held that a naturally occurring DNA segment is a product of nature and is not patent eligible. But a synthetically created strand of DNA called cDNA is […]