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Federal Circuit Affirms ITC’s Non-Institution Decision, Offering Guidance for Future FDCA-Related Section 337 Claims

In its long-awaited decision in Amarin Pharma. v. ITC, the Federal Circuit provided guidance on the U.S. International Trade Commission’s discretion to decline to institute an investigation under section 337 of the Tariff Act (19 U.S.C. § 1337) and the interplay between section 337 claims and the Food, Drug, and Cosmetics Act (FDCA) – an increasingly common issue at the ITC. The opinion also addressed the Federal Circuit’s appellate jurisdiction to review the ITC’s non-institution decisions. Companies that litigate at the ITC, particularly those that manufacture, distribute, or import FDA-regulated products, should be aware of the implications of this decision.

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Changes in EPO Divisional Deadlines – Fees Announced


Time to Read: 1 minutes Practices: Patent Strategy

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Following its previous announcement to repeal the 24-month limit on filing divisional applications, on December 13, 2013 the European Patent Office (EPO) announced an updated schedule of fees for filing European patent applications, on or after April 1, 2014. The attached table summarizes the total filing fees for applications filed electronically after that date. As indicated, an increasingly higher fee is applied to subsequent divisional applications filed after a 1st generation divisional application.

Application Type

Filing Fee (Euro)

European Patent application

120

1st generation divisional application

120

generation divisional application

330

3rd generation divisional application

540

4th generation divisional application

750

5th and subsequent generation divisional application

960

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