Carlson Caspers

API Manufacturers Are Not Proper Defendants In Hatch-Waxman Actions

A district court judge in New Jersey recently granted an API supplier’s motion to dismiss claims filed against the supplier in an ANDA suit, raising questions about whether an API supplier belongs as a defendant in these…more

| Civil Procedure, Civil Remedies, Intellectual Property, Science,...

Federal Circuit Finds Sufficient Written Description

The Federal Circuit recently affirmed the District of Delaware’s rejection of a lack of written description defense in GlaxoSmithKline LLC v. Banner Pharmacaps, Inc., No. 2013-1593 (Fed. Cir. 2014). GlaxoSmithKline sued several…more

| Intellectual Property, Science, Computers, & Technology

Federal Circuit To Continue De Novo Review Of Claim Construction

On Friday, a divided Federal Circuit confirmed that it will continue to apply a de novo standard of review to claim construction and rejected calls to give more deference to district court decisions. Lighting Ballast Control,…more

| Civil Procedure, Intellectual Property

Document Review Still Requires Attorney Involvement

The District of New Jersey recently refused to compel the return of inadvertently produced privileged documents despite a clawback provision in the protective order where the producing party relied on key word computer searches…more

| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal Circuit Clarifies Patent Term Adjustments

The Federal Circuit ruled last week that the Patent Office had incorrectly calculated the patent term adjustments for patents owned by Novartis and opened the door to longer patent terms…more

| Civil Procedure, Intellectual Property

Orange Book Listing On Its Own Does Not Create A Barrier to Entry

In the Northern District of Illinois, Judge Sharon Coleman recently dismissed for lack of subject matter jurisdiction Apotex’s declaratory judgment action alleging invalidity or non-infringement of U.S. Patent 6,878,703 directed…more

| Civil Procedure, Civil Remedies, Intellectual Property, Science,...

The District of Delaware Stops Exela’s Bid To Market Generic Orimev

In the District of Delaware, Judge Leonard Stark recently issued a final judgment and permanent injunction in Cadence Pharms., Inc. v. Exela Pharma. Scis., LLC, No 11-733, 2013 U.S. Dist. LEXIS 166097 (D. Del. Nov. 14, 2013),…more

| Civil Procedure, Civil Remedies, Intellectual Property, Science,...

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.