In a case of first impression, the U.S. District Court for the Southern District of New York held, on cross motions for summary judgment regarding available remedies, that an Orange Book listing of patents protecting an approved drug was not effective public notice under the patent marking statute, 35 U.S.C. 287(a).  Merck & Co. v.…

This weblog will focus on issues at the intersection of patent law and FDA law.  For example, I aim to discuss drug development and patenting; Hatch-Waxman litigation; and antitrust issues in pharmaceutical patent cases.  I am a patent lawyer, and therefore I will be looking at these topics from that perspective.  Others, such as those…