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The Rise And Fall Of Patent Law Uniformity And The Need For A Congressional Response, Scott Cole
The Rise And Fall Of Patent Law Uniformity And The Need For A Congressional Response, Scott Cole
Chicago-Kent Law Review
Congress established the Federal Circuit Court of Appeals a quarter century ago to create uniformity in the field of patent law. By significantly limiting the appellate jurisdiction of the Federal Circuit in patent related cases, the recent decision of Holmes v. Vornado in the United States Supreme Court makes this goal an impossibility. This Article addresses the purposes of uniformity in patent law, the ramifications of the limited jurisdiction of the Federal Circuit, and concludes with a proposed Congressional response designed to withstand a future appeal to the Supreme Court.
The Hatch-Waxman Act And Market Exclusivity For Generic Manufacturers: An Entitlement Or An Incentive?, Ashlee B. Mehl
The Hatch-Waxman Act And Market Exclusivity For Generic Manufacturers: An Entitlement Or An Incentive?, Ashlee B. Mehl
Chicago-Kent Law Review
One of Congress' central goals in enacting the Hatch-Waxman Act was to expedite and encourage earlier market entry for generic pharmaceutical products. The Act provides that a generic firm may challenge a drug patent during its term by filing paperwork with the FDA that alleges either that its generic product does not infringe the relevant patent, or that the patent is invalid. If the patentee disagrees with the allegation of the generic firm, it may file suit and have a court determine infringement and validity. If the generic firm prevails in court on either count, it may enter the market …