Hatch-Waxman, Pharmaceutical | JD Supra Law News

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1

by Alison Baldwin, Justin Cook, Patrick Gattari, Nicole Grimm, Christian Hines, Jordan Pringle, Kurt W. Rohde | McDonnell Boehnen Hulbert & Berghoff LLP on 2/19/2013

In This Issue: Federal Courts Debate Safe Harbor Exemption for Patent Infringement Under 35 U.S.C. § 271(e) Following Merck v. Integra; If I Prioritize Examination of My Application, Should the Patent Office?;...more

Cephalon, Inc. v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2013)

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 2/15/2013

Whether ANDA litigation has had a positive or negative impact on generic drug availability is an open question, in view of several recent reports looking at the effects such litigation has had on both branded and generic...more

The Continuing Saga of Reverse Payment Patent Litigation

by Howard Ullman on 1/25/2013

In FTC v. Watson Pharmaceuticals, Inc. (Supreme Court No. 12-416), the FTC unsurprisingly filed a merits brief this month again arguing that pay-for-delay (or “reverse payment”) patent settlements are presumptively...more

Supreme Court Declines Opportunity to Clarify Scope of Hatch-Waxman Safe Harbor

by Loeb & Loeb LLP on 1/17/2013

The U.S. Supreme Court on Jan. 14, 2013, denied GlaxoSmithKline’s petition for certiorari seeking review of the Federal Circuit’s interpretation of the Hatch-Waxman safe-harbor provision at 35 USC 271(e)(1) in Classen...more

In re Rosuvastatin Calcium Patent Litigation (Fed. Cir. 2012)

by Andrew Williams | McDonnell Boehnen Hulbert & Berghoff LLP on 1/10/2013

Late last year, in AstraZeneca v. Aurobindo (In re Rosuvastatin Calcium Patent Litigation), the Federal Circuit affirmed that a reissue patent covering the active ingredient of Crestor® was valid, enforceable, and infringed...more

Supreme Court Grants Cert in Watson Pay-For-Delay Case

by Howard Ullman on 12/12/2012

On December 7, 2012, the Supreme Court granted certiorari in FTC v. Watson Pharmaceuticals. The Supreme Court is now poised to resolve the circuit split on the treatment of so-called “pay for delay” Hatch-Waxman Act patent...more

Supreme Court to Review Reverse Payment Settlement Agreements

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 12/10/2012

The Supreme Court granted certiorari Friday in Federal Trade Commission v. Watson Pharmaceuticals, Inc., one of two cases with certiorari petitions before the Court relating to reverse payment settlement agreements in ANDA...more

Jumping the Line: Generic drug makers aren’t waiting until patents expire

by MoFo Tech on 12/4/2012

Since passage of the Hatch-Waxman Act in 1984, generic drug companies have used its Abbreviated New Drug Application (ANDA) process to bring cheaper versions of brand-name drugs to market after their patents expire. In the...more

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Hatch-Waxman › Pharmaceutical