In other news, on the Kluwer Patent Blog last week Mike Gruber reported on the German Patent Court's November 21 decision ordering Merck to pay a 4% royalty to Shionogi for a compulsory license to use the drug Isentress. I previously reported on the German Federal Supreme Court's decision affirming the grant of a compulsory license here and here. As I have noted, the facts of the case are rather unusual, and I wouldn't overread the decisions as a broad endorsement of an expanded compulsory licensing regime. In another odd twist, according to Mr. Gruber the patent in suit was revoked during the pendency of the litigation over a compulsory license, and thus the Patent Court's decision only sets the amount of the past royalty Merck must pay up until the date of revocation. Note: I haven't yet read the Patent Court's decision, which is available here. Again, hat tip to Norman Siebrasse for bringing this post to my attention.
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