The patentholder, in turn, must sue to protect its patent within 45 days, lodging the dispute firmly in the courts.

FORBES: Where Generics Come From

The Sixth thinks any agreement between a patentholder and a generic producer is a restraint of trade and per se illegal.

FORBES: Cipro "Pay-To-Delay" Case Is Ideal Supreme Court Fodder

The patent examiner discovered a 1995 patent that appeared to cover some of the claims and so required Henderson and Tendler to submit affidavits that they had in fact invented the technology before 1993, when the previous patentholder said he had invented his.

FORBES: AT&T Says Cellfone Patent Invalid Over Lies