Amgen Ruling Will Increase Section 337 Investigations

The Federal Circuit’s March 19, 2008, decision in Amgen Inc. v. International Trade Commission, No: 2007-1014 (Fed. Cir. 2008), significantly expanded both the ITC’s jurisdiction to conduct investigations and the defenses available to some accused infringers.

This decision, by a split panel, will have important effects on the frequency and scope of Section 337 investigations of alleged patent infringement involving FDA-regulated products.

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Reprinted with permission from Portfolio Media, Inc.