Patent Cases – An Open Door for MOT Patent Litigation

Contributors: Laura Lydigsen

January 12, 2022

[Article PDF]

Expanded grounds for infringement could give branded drug companies an edge

A recent Federal Circuit ruling has opened what had been considered a closed door for litigation over pharmaceutical method-of-treatment (MOT) patents brought under the Hatch-Waxman Act. While the ruling’s implications differ for branded pharmaceutical makers and generic producers, one thing seems likely: MOT litigation is poised to take off.

How did we reach this point? As is typical with litigation, it goes back a few years and requires some explaining.

Read the complete article in the Litigation Forecast 2022. 

Index: Litigation Forecast 2022

• The Intersection of Technology, Litigation, and IP – “When the Disruptors Get Disrupted” — Warrington Parker
• BioPharma – “The Calm Between the CRISPR Storms” — Anne Elise Herold Li
• Copyright/Software – “Fair Use: When Clarification Isn’t Necessarily Clear” — Gabriel M. Ramsey
• International Trade Commission – “A Sledgehammer for Fighting Knockoffs” — Joshua Pond
• PTAB Litigation – “The Changing Rules of the Road” — Vincent J. Galluzzo
• Patent Cases – “An Open Door for MOT Patent Litigation” — Laura A. Lydigsen
• Trade Secrets – “Expect Claims to Keep Rising” — Astor Heaven
• Trademark – “Conflicting Decisions Raise Uncertainty” — Andrew J. Avsec

Litigation Forecast Archive:
2021, 2020, 2019, 2018, 2017

Regulatory Forecast Archive: 2020, 2019, 2018, 2017