The Pain of Rejection: A Deep Dive into the Business and Legal Implications of the Supreme Court’s Denial of Cert. in Recent Patent Eligibility and Carve-Out Cases
Jay R. Deshmukh
Partner
Kasowitz Benson Torres LLP
Steven J. Horowitz
Partner
Sidley Austin LLP
Alejandro Menchaca
Shareholder
McAndrews, Hel & Malloy, Ltd
James T. Peterka
Partner
Locke Lord LLP
Irena Royzman
Partner
Kramer Levin Naftalis & Frankel LLP
Last Spring, despite the push from the U.S. Solicitor General, the Supreme Court declined to hear three key patent cases, two cases involving §101, Tropp v. Travel Sentry et al. and Interactive Wearables v. Polar Electro Oy, et al., and the infamous GSK v. Teva.
During this session, our panelists will analyze the significance of the Supreme Court’s refusal to hear these cases and explore the potential impact on Hatch-Waxman litigation strategies. They will also market dynamics, and the overall impact of these rejections on the pharmaceutical IP landscape. Points of discussion will include:
- Uncovering the business consequences stemming from the Court’s refusal to hear these cases
- Exploring how these decisions may collectively affect the balance of power between brand-name drug manufacturers and generic challengers, market entry opportunities, and the overall competitive landscape
- Assessing how lower courts may interpret and apply the existing § 101 and carve-out legal frameworks
- Evaluating the potential impact of the absence of the Supreme Court’s pronouncement on the evolving landscape of pharmaceutical patent disputes in the areas of patent eligibility and skinny labeling