Art Confidentiality Copying Public Use 
Patently-O
AUGUST 13, 2021
The court relied upon additional facts not found in the question presented–noting that the document in question was distributed to hundreds of customers over a span of years and without any confidentiality restrictions; and that product advertisements were designed to attract persons of skill in the art. 102(a)(1).
Fish & Richardson Trademark & Copyright Thoughts
FEBRUARY 4, 2021
In particular, under the new amendments, reference product sponsors (RPSs) are required to provide FDA with copies of any patent lists, along with patent expiration dates, within 30 days of when they were first provided to biosimilar applicants as part of the patent dance (pursuant to 42 U.S.C. ยง 262( l )(3)(A) or ( l )(7)). 17-cv-01407, Dkt.
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