Ensure You Receive Negotiated Royalties: Understanding the Mallinckrodt Decision
The Third Circuit recently decided that Sanofi’s right to a 1% royalty on sales of Mallinckrodt’s Acthar Gel did not survive Mallinckrodt’s bankruptcy filing, denying Sanofi of any future royalties. This decision robs Sanofi of nearly $6,000,000 per year based on around $600,000,000 in sales of Acthar Gel in 2021 and 2022. The court suggested that Sanofi could have protected itself by structuring the deal as a license rather than a sale.
AI as Inventor: The Australian Ruling that Challenges Global Patent Norms
In a pioneering legal decision, the Federal Court of Australia has recognized artificial intelligence (AI) as a potential inventor under patent law. This case, involving an AI system named DABUS, created by Dr. Stephen Thaler, marks a significant shift in how innovation is perceived and legally protected. DABUS was credited as the inventor of two patent applications, sparking a debate on whether non-human entities can hold the title of "inventor." Thaler's argument that AI systems, which can independently generate inventions, deserve recognition akin to human inventors challenges the foundational principles of patent law.