Lipitor scope upheld but second patent invalid

61570-10 Lipitor (Master)

Lipitor tablets for oral administration contain 10, 20, 40 or 80 mg atorvastatin and the following inactive ingredients: calcium carbonate, USP; candelilla wax, FCC; croscarmellose sodium, NF; hydroxypropyl cellulose, NF; lactose monohydrate, NF; magnesium stearate, NF; microcrystalline cellulose, NF; Opadry White YS-1-7040 (hypromellose, polyethylene glycol, talc, titanium dioxide); polysorbat...

Stylized Facts of Patent Litigation: Value, Scope and Ownership

This paper investigates the characteristics of litigated patents by combining for the firsttime information about patent case filings from the U.S. district courts and detailed datafrom the U.S. Patent and Trademark Office. We construct a series of indicators for thefactors which the theoretical literature suggests contribute to litigation: frequency ofdisputes, the size and asy...

The Optimal Scope of the Royalty Base in Patent Licensing

There is considerable controversy about the relative merits of the apportionment rule (which results in per-unit royalties) and the entire market value rule (which results in ad-valorem royalties) as ways to determine the scope of the royalty base in licensing negotiations and disputes. This paper analyzes the welfare implication of the two rules abstracting from implementation and practicabili...

Invalid Recipes

Is the Time Allocated to Review Patent Applications Inducing Examiners to Grant Invalid Patents?: Evidence

This paper explores how examiner behavior is altered by the time allocated for reviewing a patent application. Insufficient examination time may crowd out examiner search effort, impeding the ability to form time-intensive prior-art-based rejections (especially, obviousness rejections) and thus leaving examiners more inclined to grant otherwise invalid applications. To test this prediction, we ...