On 25 February 2021 Chief Judge Stark of the US District Court for the District of Delaware ruled in favour of Novartis Pharmaceuticals Corporation against the generic defendants Torrent Pharma Inc and Torrent Pharmaceuticals Ltd in
In re: Entresto (Sacubitril/Valsartan) Patent Litigation (MDL No 20-2930-LPS (D Del)). At the conclusion of oral arguments, Stark ruled in Novartis s favour, denying Torrent s motion for judgment on the pleadings of non-infringement of US Patents 8,877,938 and 9,388,134. These patents cover Novartis s Entresto product and its approved use.
Agreeing with Novartis, Stark found that Torrent had not met its burden of clearly proving that no material issue of fact remained to be resolved and that Torrent was entitled to judgment as a matter of law. Rather, Stark found that Novartis had presented plausible theories for infringement and should be permitted to present additional evidence in support of those theories. Stark further found that Novartis had prese
Introduction
The Corporate Transparency Act (CTA) became law on 1 January 2021. Once implementation regulations are issued, the CTA will require certain new and existing US companies to disclose information about their beneficial owners to the US Department of the Treasury s Financial Crimes Enforcement Network (FinCEN). Information collected under the CTA will be held in a national registry of beneficial ownership information, the first of its kind in the United States, established and maintained by FinCEN. The registry will not be available to the public, but FinCEN is permitted to disclose beneficial ownership information in certain circumstances. There are both civil and criminal penalties for violations of CTA requirements. Given that family succession planning structures may include entities established under the laws of a US state, advisers to international families should familiarise themselves with this new disclosure requirement.
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In January 2021 the Legal Affairs Committee of the National Council submitted an initiative that intends to temporarily prohibit the acquisition of business premises by persons abroad.(1) The proposal claims that it will mitigate the negative impact of the COVID-19 crisis on potential sales of Swiss businesses. In particular, it aims to prevent foreign investors from taking advantage of Swiss companies which are in financial distress by acquiring them at low prices.
Current rules and exemption for business premises
As a basic rule, the Federal Act on the Acquisition of Real Estate by Persons Abroad (the so-called
Lex Koller ) restricts the acquisition of residential real property by non-Swiss residents.(2) The purpose of excluding foreign investors from the residential property market is to avoid speculation involving residential real properties so that purchase and rental prices remain affordable.
The Trademark and Patent Office recently issued Resolution 59669, which modifies in part the existing patent procedure regulations. While the amendments may make the patent application process lengthier and more expensive, they resolve various issues relating to the filing and scope of divisional applications. This article presents a summary of the most significant changes introduced, along with a comparison of how the new process differs from previous practice.