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“The Song of the Pipa Player”
On October 17, 2020, the Standing Committee of the Thirteenth National People’s Congress (China’s top legislature) passed the Fourth Amendment to the Chinese Patent Law, which will become effective on June 1, 2021 (“Effective Date”).
As I was digesting the news and browsing through the 29 newly published changes made to the previous version of the Chinese Patent Law, which was passed in 2008, a line from “The Song of the Pipa Player”, a popular poem written in 816 A.D. by Bai Juyi (one of the three most famous poets in China’s Tang Dynasty), came to mind: “Only after our repeated calls did she appear; her face half hidden behind the pipa she held.”
Drug maker Valeant filed a petition for
en banc rehearing at the Court of Appeals for the Federal Circuit
this week in a bid to reverse its defeat against Mylan on venue rules for
abbreviated new drug applications.
In November, the appellate court affirmed a decision from
the District Court for the District of New Jersey that the first-instance court
was not the proper venue for Mylan. It had departed from its own case law
and that of the District Court for the District of Delaware.
The lower court had previously ruled in
Celgene v Hetero Labs that the Hatch-Waxman Act’s focus on future