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Korlym: What do the post-trial briefs say about what happened at trial?

In late September, Corcept Therapeutics finally went to trial against Teva in the parties’ long-running patent dispute over Teva’s prospective generic for Korlym.  The Hatch-Waxman litigation between the two companies has been waging since 2018.  Numerous patents have come in and out of the case over that time.  Yet, by the time of the trial a few weeks ago, Corcept had narrowed its case down to alleging Teva’s infringement of only two patents: U.S. Patent No. 10,195,214 and 10,842,800.  The parties’ post-trial brief have been filed.  What do they say?

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Will damages for infringing a U.S. patent soon reach foreign sales?

In June of this year, the Supreme Court issued a decision in WesternGeco LLC v. Ion Geophysical Corp.  On its face, the case had minimal potential impact because it was limited to a more rarified form of infringement.  Now, however, the District Court in the long-running dispute between Power Integrations and Fairchild Semiconductor has suggested WesternGeco could justify taxing foreign sales for other forms of infringement of a United States patent.  And the Court has also kicked this question up to the Federal Circuit to decide.  Will damages for infringing a U.S. patent soon reach foreign sales? 

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