News & Analysis as of

ANDA Claim Construction

CAFC Finds ANDA Infringement Despite Differences Between FDA Labeling And Claim Language

by Foley & Lardner LLP on

In a non-precedential decision issued in Braintree Labs., Inc. v. Breckenridge Pharmaceutical, Inc., the Federal Circuit reversed the district court’s grant of summary judgment of noninfringement in favor of Breckenridge, and...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Mylan v. Aurobindo the Circuit affirms the grant of a preliminary injunction based upon the infringement of one of the three patents in suit. However, the panel reverses the injunction as to the other two patents based on...more

Angiomax Patents Limited To Example

by Foley & Lardner LLP on

In The Medicines Co. v. Mylan, Inc., the Federal Circuit construed composition claims of two Angiomax patents as requiring the recited “batches” to be made by a specific “efficient mixing” process illustrated in one of the...more

Patent Claims Directed to Treatment for Multiple Sclerosis Invalid as Obvious

In a consolidated Hatch-Waxman patent infringement action, a district court judge in Delaware recently found claims directed to a treatment for multiple sclerosis invalid as obvious....more

Claims are construed in ANDA case relating to crystalline modifications

by Morris James LLP on

Stark, J. Claim construction opinion issues regarding seven terms from four patents. A Markman hearing took place on October 19, 2016. The disputed technology relates to new crystalline modifications of hydrochloride...more

Claims Are Construed In An ANDA Case

by Morris James LLP on

Stark, C. J. Claim construction opinion issues regarding four terms from two patents. A Markman hearing took place on August 9, 2016. The disputed terms are related to controlled-release formulations of the drug...more

The Medicines Company v. Hospira, Inc. (Fed. Cir. 2016) (en banc)

The past decade or so of U.S. patent law has been characterized by a consistent theme between Federal Circuit decisions and the Supreme Court's invalidation of them (and sometimes can be discerned even in those rare instances...more

Federal Circuit Patent Updates - May 2016

by WilmerHale on

Ruckus Wireless, Inc. v. Innovative Wireless Solutions (No. 2015-1425, 1438, 5/31/16) (Prost, Reyna, Stark) - May 31, 2016 3:11 PM - Reyna, J. Affirming summary judgment of non-infringement of patents based on...more

Federal Circuit Patent Updates - March 2016

by WilmerHale on

Clare v. Chrysler Group LLC (No. 2015-1999, 3/31/16) (Prost, Moore, Wallach) - Moore, J. Affirming summary judgment of non-infringement of patents related to storage compartment for pickup trucks. The Court rejected...more

Claims Are Construed In ANDA Case

by Morris James LLP on

Sleet, J. Claim construction opinion issues regarding three terms from four patents. A Markman hearing took place on February 5, 2016 The disputed technology relates to the drug Copaxone. Thirty-one terms were found...more

Claim Is Construed In ANDA Case

by Morris James LLP on

Tris Pharma, Inc. v. Actavis Laboratories FL, Inc., et al., C.A. No. 14-1309 – GMS, January 8, 2016. Sleet, J. Claim construction opinion issues regarding one term from four patents....more

Cubist Pharmaceuticals, Inc. v. Hospira Inc. (Fed. Cir. 2015)

Mistakes happen; there is even a book, entitled Human Error, that discusses how and why they happen. The Federal Circuit addressed the consequences of human error (or perhaps more accurately, instances where there was a...more

Claims Are Construed In ANDA Case

by Morris James LLP on

Sleet, J. Claim construction opinion issues regarding two terms from one patent. The disputed technology relates to dexmedetomidine and its pharmaceutically acceptable salts. The following term was considered...more

Claim Term Is Construed In Lacosamide ANDA Case

by Morris James LLP on

Stark, C.J. Claim construction ruling issues on one term from the patent-in-suit. Multimedia technology tutorials had been submitted, and a claim construction hearing took place on December 15, 2014....more

Claim Construction Opinion Issues In ANDA Case

by Morris James LLP on

Andrews, J. Court issues a claim construction opinion in ANDA case regarding terms from nine patents. The disputed technology relates to the administration of testosterone. The following terms were construed...more

Claim Construction Opinion Issues In ANDA Rufinamide Litigation

by Morris James LLP on

Stark, C. J. The court issues claim constructions regarding 7 terms from 3 patents. The following terms were construed...more

Allergan, Inc. v. Apotex, Inc. (Fed. Cir. 2014)

In a not particularly well-written opinion that breaks no new ground, the Federal Circuit considered a consolidated appeal of two patents directed to methods of promoting hair growth, including, in particular, eyelash hair...more

Braintree Laboratories, Inc. v. Novel Laboratories, Inc. (Fed. Cir. 2014) - Whither the Meaning of "a" as a Claim Term

Every once in a while a Federal Circuit panel construes a common claim term contrary to how it has been construed in prior precedent, usually based on the particular situation or circumstance the Court is addressing and...more

Federal Circuit Vacates Infringement of Braintree SUPREP Patent

by Foley & Lardner LLP on

In a divided opinion issued in Braintree Labs., Inc. v. Novel Labs., Inc., the Federal Circuit reversed the district court on one of two challenged claim construction issues and vacated the district court’s finding of...more

GENERICally Speaking - Vol. 4, No. 1

by Robins Kaplan LLP on

The Hatch-Waxman Litigation and Life Sciences practice groups at Robins, Kaplan, Miller & Ciresi L.L.P. are pleased to offer the latest edition of their quarterly publication regarding ANDA patent litigation issues and the...more

Federal Circuit Finds LUNESTA Patent Infringement Based on ANDA Product Description Not Avoided by Other Certifications

by Foley & Lardner LLP on

In Sunovion Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit reversed the district’s holding of no Lunesta® patent infringement that was based on a certification submitted to the court, and found...more

Allergan, Inc. v. Barr Laboratories, Inc. (Fed. Cir. 2013)

Those of you who dabble with chemical structures while prosecuting or litigating pharmaceutical patents may find Allergan v. Barr Laboratories, Inc., interesting. In this ANDA litigation brought by Allergan against Barr,...more

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