The IP Beacon, October 2012

10/12/2012

The IP Beacon is a Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law. Articles featured in the October 2012 issue include:

Patent Reform: What Does It Mean for a Pharmaceutical Enterprise? 
The America Invents Act (AIA), enacted in September 2011, has already modified various aspects of U.S. patent law and includes various provisions that phased in during September 2012 and phase in March 2013 - such as a completely new guiding statute addressing prior art and patentability - 35 U.S.C. ยง 102. This article reviews a few of the provisions that will act to change aspects of U.S. patent law.

Reverse Payment Settlements: Presumptively Bad or Usually Acceptable 
In April 2012, the Federal Trade Commission (FTC) suffered yet another rebuke of what FTC Chair Jon Leibowitz has characterized as "one of the Commission's top competition priorities," i.e., stopping "reverse payment" settlements in drug patent litigation. The Eleventh Circuit's decision in the AndroGel case presents an opportunity to review the concept of "reverse payment" settlements, the agency's persistent condemnation of these agreements, the courts' near-unanimous endorsement of the concept, and assess which side holds the better hand.

Eastern District of Texas Issues New Model Order Regarding E-Discovery in Patent Cases
At the Eastern District of Texas Judicial Conference on September 27, 2011, Federal Circuit Chief Judge Randall Rader unveiled a new Model Order Regarding E-Discovery in Patent Cases during his remarks. Citing the disproportionately high expenses of discovery in intellectual property cases and the rapid increase in discovery complexity and volume brought on by e-discovery, Chief Judge Rader discussed his hope that the model order would help bring discipline to e-discovery expenses and curtail the use of e-discovery as a tactical weapon.

Tips on Commonly Overlooked Privilege Issues
The interpretation and application of the attorney-client privilege and the work-product protection are some of the most difficult - and contested - areas of any lawsuit. But a clear understanding of the doctrines, combined with a few preventative measures, can both preserve the right to invoke the doctrines and possibly save significant litigation costs.

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