tag:blogger.com,1999:blog-4241416962008169508.post5005160229637733748..comments2024-03-29T10:23:47.050-04:00Comments on Just A Life Sciences Blog...: "Leave It To" One Brenton "Beaver" Saunders... Sheesh.Unknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4241416962008169508.post-19908163008557005032017-09-12T17:38:20.689-04:002017-09-12T17:38:20.689-04:00Thank you, Anon. I do hear you. I might respectful...Thank you, Anon. I do hear you. I might respectfully suggest that yours is a <i>distinction</i>. . . without a <i>meaningful <b>difference</b></i>.<br /><br />To my way of thinking (as a law firm law partner, myself), we pitch law and public policy related ideas, to our clients every day. In that regard, the <i>pitch</i> matters less -- than <i>the catch</i>, here.<br /><br />That is, the corporate law fiduciary duties, however -- owed to a public company's shareholders -- devolve onto the Chairman and CEO. It is Mr. Saunder's role to be the adult in the room. And that is not simply a financial numbers game. It is, in the life sciences, about additional stakeholders, and yes the regulating federal government. Recall that if it wished to, the federal government could regulate this life-saving industry. . . to death.<br /><br />I for one believe it is wiser not to temp the fates, with gaming moves -- like this one.<br /><br />In my opinion, CEOs like Mr. Saunders (and formerly like Mr. Hassan and the convict Shkreli) all have one thing in common: they all play Ayn Randian games. They claim to simply be forever fixated on a financial end game, but often have other, more nefarious, goals in mind. Like monopolies -- which by their nature are. . . largely unlawful.<br /><br />I detest Mr. Trump -- but if his faux brand of populism leads him to meaningfully regulate such chicanery as this -- then, I am for it.<br /><br />For we all know this is simply a "legalese-infused" way to end run around the sunset dates in the US patents, and around the USPTO patent challenge process.<br /><br />As I said, though -- in the main post -- the Supremes have this one, next term. And I predict they will kill this whole field of endeavor.<br /><br />Great stuff -- and thanks!<br /><br />Namaste. . . .condorhttps://www.blogger.com/profile/11014613306197942748noreply@blogger.comtag:blogger.com,1999:blog-4241416962008169508.post-21284906174914070792017-09-12T12:50:07.049-04:002017-09-12T12:50:07.049-04:00Condor,
From what I read it was actually the Texa...Condor,<br /><br />From what I read it was actually the Texas law firm Shore Chan DePumpo that approached Saint Regis Mohawk Tribe general counsel Dale White with news of recent legal wins. Then The Saint Regis Mohawk Tribe approached Allergan to test the legal waters. <br /><br /><br />"The Saint Regis Mohawk Tribe and its counsel approached Allergan with a sophisticated opportunity to strengthen the defense of our RESTASIS® intellectual property in the upcoming inter partes review proceedings before the Patent Trial and Appeal Board," said Bob Bailey, Allergan's Chief Legal Officer."<br />Source: https://www.allergan.com/News/News/Thomson-Reuters/Allergan-and-Saint-Regis-Mohawk-Tribe-Announce-Agr<br /><br /><br />"In Covidien LP v. University of Florida Research Foundation Inc., IPR2016-01274, IPR2016-01275, and IPR2016-01276, the PTAB agreed with an earlier Federal District Court finding that UFRF is an arm of the State of Florida, and therefore entitled to sovereign immunity. As a sovereign, UFRF cannot be subject to having its patents challenged in any venue to which it does not consent, including IPRs before PTAB. This PTAB decision follows a 2006 Federal Circuit decision where Shore Chan DePumpo LLP represented The Board of Regents of The University of Texas in establishing that sovereigns are not subject to declaratory judgment actions in venues where they have not first filed patent infringement claims. The decision marks the first time the PTAB has dismissed an IPR on sovereign immunity grounds."<br />Source: http://www.shorechan.com/news-detail.asp?wn=46Anonymousnoreply@blogger.com