The Dow Chemical Company v. Nova Chemicals Corporation (No. 2014-1431, -1462, 8/28/15) (Prost, Dyk, Wallach).
Dyk, J. Reversing award of supplemental damages. "We hold that the intervening change in the law of...more
Patent owners may welcome the Allergan, Inc. v. Sandoz, Inc. decision earlier this month when the Federal Circuit affirmed the validity of five patents relating to the pharmaceutical formulation Lumingan ® .01%. The Federal...more
In Allergan, Inc. v. Sandoz, Inc., the Federal Circuit affirmed the district court decision that upheld the validity of the Allergan patents relating to Lumigan® 0.01% glaucoma eye drops against obviousness, written...more
In Allergan, Inc. v. Sandoz, Inc., the Federal Circuit affirmed the district court decision that upheld the validity of the Allergan patents relating to Lumigan® 0.01% glaucoma eye drops. This decision shows that it is still...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Otsuka Pharmaceutical Co., Ltd. v. Sandoz Inc. et al. 1:15-cv-01716; filed March 9, 2015 in the District Court of New...more
In Sandoz Inc. v. Amgen Inc., the Federal Circuit upheld the district court decision dismissing Sandoz’s declaratory judgment action for lack of jurisdiction. Although this may be the first Federal Circuit decision relating...more
Biosimilar applicants and branded biologics have been wondering how the procedures set forth in the Biologics Price Competition and Innovation Act (“BPCIA”) will be implemented since its enactment in 2010. The lack of...more
BPCIA = Biologics Price Competition & Innovation Act Before Plaintiffs Can Invoke (jurisdiction they must ?le an) Application.
No standing for declaratory judgment before biosimilar application -
With the FDA’s...more
Case Name: Allergan, Inc. v. Sandoz Inc., Case No. 11-cv-441, Dkt. No. 136 (E.D. Tex. Jan. 13, 2014) (Schneider, J.) -
Drug Product and Patent(s)-in-Suit: Lumigan® (bimatoprost); U.S. Patents Nos. 7,851,504 (“the ’504...more
The first court decision interpreting the Biosimilars Act has arrived, with a federal district court in California finding that a biosimilar application must be filed with the FDA before patent litigation can be initiated....more
In This Issue:
• Patent Office Must Prove Prior Art Reference Is Enabling
• Complaint Was Adequate Despite Non-Infringing Possibilities
• FDA Approval Not Relevant to Obviousness Analysis
- Excerpt from...more
On May 1, 2013, in Allergan, Inc. v. Sandoz Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, Prost,* O'Malley) affirmed-in-part and reversed-in-part the district court's judgment that U.S. Patents No. 7,642,258,...more
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