Patent Ruling May Mean Trouble for Big Pharma
The ruling "has cast a little bit of a cloud over our patents," says Hans Sauer, associate general counsel of the Biotechnology Industry Organization. "We need all of the certainty we can get. We have less certainty now."
Many so-called incremental improvements "can make a big difference" in medications, says Sauer. Plus, even small changes require a lot of time, money and effort. "There is value to the consumer in making a drug better."
Meanwhile, Ludwig is telling clients and fellow lawyers that they must do more, and earlier, preparation to prove their invention is capable of clearing the "obviousness" hurdle.
For example, they should locate test data and laboratory notebooks that illustrate the difficulty in developing a new and improved drug. They also should compile data that shows how successful the improved product has been. And they should try to show that a product meets a "long-felt need," a legal term that means a problem is addressed that hadn't previously been solved.
Select the service that is right for you!COMPARE ALL SERVICES
Jim Cramer and Stephanie Link actively manage a real portfolio and reveal their money management tactics while giving advanced notice before every trade.
- $2.5+ million portfolio
- Large-cap and dividend focus
- Intraday trade alerts from Cramer
- Weekly roundups
Access the tool that DOMINATES the Russell 2000 and the S&P 500.
- Buy, hold, or sell recommendations for over 4,300 stocks
- Unlimited research reports on your favorite stocks
- A custom stock screener
- Upgrade/downgrade alerts
Jim Cramer's protege, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.
- Diversified model portfolio of dividend stocks
- Alerts when market news affect the portfolio
- Bi-weekly updates with exact steps to take - BUY, HOLD, SELL
All of Real Money, plus 15 more of Wall Street's sharpest minds delivering actionable trading ideas, a comprehensive look at the market, and fundamental and technical analysis.
- Real Money + Doug Kass Plus 15 more Wall Street Pros
- Intraday commentary & news
- Ultra-actionable trading ideas
Our options trading pros provide daily market commentary and over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.
- 100+ monthly options trading ideas
- Actionable options commentary & news
- Real-time trading community
- Options TV