chapter  7
38 Pages

Generic Drugs in a Changing Intellectual Property Landscape

WithNeil F. Greenblum, Esq., Michael J. Fink, Esq., Stephen M. Roylance, Esq., P. Branko Pejic, Esq., Sean Myers-Payne, Esq., and Paul A. Braier, Esq.

INTRODUCTION In almost any industry in the United States, there is no built-in mechanism for detecting patent infringement. Therefore, the typical patent owner would normally be blissfully unaware of any possible infringers unless he or she monitors the marketplace, or unless an allegedly infringing product or process happens by chance to be brought to the patent owner’s attention. Nearly always, this will happen only after the alleged infringer is already on the market.