In the United States, pharmaceutical and technology companies rely heavily on the patent law system to protect their inventions, as a patent gives them “the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States.” Patent litigation in the United States has reached unprecedented levels, and each branch of government is wielding its unique powers to influence the system. The recent evolution of pharmaceutical patent litigation will be explored, with special emphasis on recent activity by Congress, the United States Supreme Court, and the Federal Trade Commission.

Separate powers, singular purpose: How Congress, the Executive, and the courts are revolutionizing pharmaceutical patent litigation

249th National Meeting (2015)

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