News & Analysis as of

Abbreviated New Drug Application (ANDA) Food and Drug Administration (FDA) Claim Construction

McDermott Will & Emery

Patent Law Principles Apply to Claim Scope: Orange Book Delisting and Listing and Regulations

The US Court of Appeals for the Federal Circuit ordered that the only Orange Book patent asserted in a lawsuit must be delisted since its claims were directed to the computer-implemented distribution system and not a method...more

McDonnell Boehnen Hulbert & Berghoff LLP

Par Pharmaceutical, Inc. v. Hospira, Inc. (Fed. Cir. 2020)

It has long been understood that claim construction can, and frequently is, dispositive in patent litigation.  This truism was the basis for the Federal Circuit affirming the District Court's decision against a generic drug...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

Robins Kaplan LLP

GENERICally Speaking - Vol. 4, No. 1

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

Foley & Lardner LLP

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

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

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