STLR Link Roundup – February 8, 2019

Progress in Pharmaceutical Pricing via Rebates On January 31st, 2019, the Office of the Inspector General and Department of Health and Human services proposed a rule to lower prescription drug prices by removing the safe harbor under the Anti-Kickback statutes of rebates paid by manufacturers to pharmacy benefit managers, part D plans, and Medicaid managed care organizations. It creates a new safe harbor for discounts that are offered directly to patients and fixed fee service arrangements Continue Reading →

USPTO’s Patent Trial and Appeal Board Moves to Phillips Standard

Background On October 11, 2018 the United States Patent and Trademark Office (USPTO) adopted a final rule that changed the standard of claim construction in the Patent Trial and Appeal Board (PTAB) to the standard used in district court as articulated in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc). The PTAB is the adjudicatory body of the USPTO that hears appeals regarding rejected patents and conducts trials regarding validity of Continue Reading →