“Now What I Want Is, Facts.” On The Radar: October 2008

Posted on | December 22, 2008 | 2 Comments

Hard Times by Charles Dickens. 

Which brings us to the cold, hard facts of October 2008 new filings of patent cases (aka NOS 830 in PACER-speak).

An interesting item is Sanofi-Aventis v. Genentech, filed in the Eastern District of Texas.  I have not seen too many pharma cases down in Marshall et al.–probably because a reputation for a fast docket and big damages is not meaningful to pharma patentees already enjoying an automatic 30 month stay (and not having much in the way of money damages).   This case is a little different as it is not the typical ANDA action with pioneer versus generic, but rather a patentee against a former licensee who apparently did not or will not stop selling. 

I wonder if more pharma cases would go down to ED Texas if it slowed down . . . or offered a slow, pharma track?  Venue could be a problem in ANDA cases though.

October 2008

Total patent cases filed:  237 (200 in September, 218 in August)

Total districts receiving new patent filings:  53 (Top 8 districts have ~ 50% of cases)

OK, I know it only adds up to 236….I seemed to have lost a district or a case somewhere.

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