Patent Cases To Watch In The Second Half Of 2024

Jason Fowler’s commentary was included in a Law360 article examining pending patent cases that lawyers are monitoring for the second half of 2024.

Jason discusses a decision that Teva, a pharmaceutical company, is appealing, stating that its asthma inhaler patents were improperly listed in a federal database, and the outcome could have a wide-ranging impact on an issue that has attracted the attention of the Federal Trade Commission. The FTC has argued that numerous drugmakers, including Teva, have wrongly listed patents on drug delivery devices in the U.S. Food and Drug Administration's Orange Book, which the commission contends hinders competition from generic versions.

Now that Teva has appealed, a ruling by the Federal Circuit "should resolve questions relating to the listability of device patents in the Orange Book," said Jason.

"Depending on the contours of the decision and how far it goes, I think it would certainly lead people to reassess patents that have been listed in the Orange Book," he said.

Click here to read the full article.