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license to Amgen’s United States Patent No. 9,375,405 (the “’405 patent”) under its
settlement agreement…doctrine of patent misuse “is about . . . ‘patent leverage,’ i.e., the use of
the patent power to impose…agreement into the doctrine of
patent misuse is equally unavailing. Although patent misuse is not a cause of…Del. 2010) (“Patent misuse is an affirmative defense.”). In its complaint, Cipla pled patent misuse as
…premised on “patent misuse,” however, the
Amgen-Teva agreement does not constitute patent misuse as a |
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infringing U.S. Patent Nos. 7,232,818 (the ’818 Patent), 7,417,042 (the ’042
Patent), 7,491,704 (the …704 Patent), 7,737,112 (the ’112 Patent), 8,129,346 (the ’346 Patent), 8,207,125 (the ’125 Patent), 8,…8,207,126 (the ’126 Patent),
8,207,127 (the ’127 Patent) and 8,207,297 (the ’297 Patent). By joint stipulation…Court) for
infringement of our U.S. Patent No. 9,375,405 (the ’405 Patent) against a number of manufacturers… of the ’405 Patent. On September 18, 2018, Accord denied infringement of the ’405 Patent and alleged |
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Exhibit A |
ied the claimed invention of U.S. Patent No. 9,375,405 (the “’405 Patent”).
55. The purpose of the January…that the courts will
not aid a patent owner who has misused his patents to recover any of their emoluments…first counterclaim on grounds of patent misuse.
Amgen is wrong. The patent misuse complained of by Cipla …claimed
invention of the ’405 Patent. In these circumstances, it was per se patent misuse for Amgen to
condition…of licensed patent); cf. Kimble v.
Marvel Entm’t, LLC, 135 S. Ct. 2401, 2411 (2015) (patent license requiring |
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