Judges Vary on Cross-Use Provisions in Protective Orders

Judge Andrews of the District of Delaware recently provided some guidance on protective order issues in Hatch-Waxman cases.  Allergan USA, Inc. v. Aurobindo Pharma Ltd.  At issue was whether Plaintiffs should be permitted to disclose one defendant’s confidential information to another defendant. While acknowledging it was a close call, Judge Andrews ultimately rejected Plaintiffs’ position [...]

Proposed Amendment to Hatch-Waxman Act May Prohibit Use of Post-Grant Procedures

U.S. Senator Orrin Hatch, co-author of the Hatch-Waxman Act, recently proposed an amendment to the Act that would prevent generic drug companies from using any AIA post-grant procedure (IPR or PGR) on an Orange Book patent identified in their PIV certifications.  The proposed amendment would require that the patent certification required under 21 USC § […]