IP Master Class: Just How Susceptible Are Pharma Patents in a Post-MedImmune World?

November 11, 2008
The Supreme Court’s 2007 MedImmune v Genentech decision added fuel to an increasingly heated branded-generic battle, facilitating patent challenges by forcing the federal circuit to reexamine its "reasonable apprehension of suit" test for declaratory judgment jurisdiction. In this Master Class, Ropes & Gray will explore the post-MedImmune strategies adopted by both innovator and generic companies in litigating the validity and infringement of FDA Orange Book-listed patents. In particular, we will analyze the complex issues that have emerged, look at trends in the law over the 22 months since MedImmune, and offer some insights into how far the Courts will go in finding declaratory judgment jurisdiction and the effectiveness of covenants not to sue in mooting the Article III case or controversy