Inter-Agency Conflict And Cooperation In Patent Litigation
نویسنده
چکیده
Traditionally, Congress and commentators view administrative law as having little to do with patent litigation. There has been a recent increase, however, in various types of patent litigation that involve regulatory determinations, such as Hatch-Waxman Act patent litigation, section 337 proceedings in the ITC, standard essential organization (SEO) licensing lawsuits, and “biosimilar” cases. And, where regulations do play a role in the administration of these suits, multiple agencies are often involved: the FDA, the FTC, the ITC, and, of course, the PTO.
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