Patents, Pharmaceutical | JD Supra Law News

Court Report - April 28, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 4/29/2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Mayo Foundation for Medical Education and Research v. ARUP Laboratories, Inc. - Infringement of U.S. Patent Nos....more

Bayer Healthcare Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2013)

by Michael Greenfield | McDonnell Boehnen Hulbert & Berghoff LLP on 4/25/2013

Contraceptives were the subject of the Federal Circuit's recent decision in Bayer Healthcare Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc. But, unfortunately, it's a rather fact-specific case with nothing of prurient...more

Patent Watch: Bayer Schering Pharma AG v. Watson Pharm., Inc.

by Lawrence M. Sung | BakerHostetler on 4/19/2013

On April 16, 2013, in Bayer Schering Pharma AG v. Watson Pharm., Inc., the U.S. Court of Appeals for the Federal Circuit (Lourie,* Schall, Prost) reversed the district court's summary judgment that U.S. Reissue Patent No....more

Court Report -- April 07, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 4/8/2013

In This Issue: Novartis Pharmaceuticals Corp. et al. v. Noven Pharmaceuticals Inc. et al.; Purdue Pharmaceutical Products L.P. et al. v. Dr. Reddy's Laboratories, Inc. et al.; Taro Pharmaceuticals North America, Inc....more

April 2013: Life Sciences Litigation Update: Will the Supreme Court Resolve Circuit Split on Settlement of ANDA Disputes?

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/5/2013

On March 25, 2013, the U.S. Supreme Court heard oral argument in Federal Trade Commission v. Actavis, Inc. (Docket No. 12-416). The Actavis case centers around the debate over the type of antitrust analysis that should apply...more

Supreme Court of India Denies Novartis Patent Application

by Amita Gopinath | Miller Canfield on 4/4/2013

In a landmark judgment delivered on April 1, 2013, the Supreme Court of India dismissed an appeal by Novartis AG, a Swiss pharmaceutical giant, to win patent protection in India for its cancer drug Glivec. The polarizing...more

Litigation Alert: U.S. Supreme Court to Weigh In on Reverse Payment Deals

by Melanie Mayer, David Tellekson | Fenwick & West LLP on 4/3/2013

On March 25, 2013, the U.S. Supreme Court heard oral argument in FTC v. Actavis, Inc.,1 which is on appeal from the U.S. Court of Appeals for the Eleventh Circuit. This case addresses a type of patent litigation settlement...more

Supreme Court Oral Argument in FTC v. Actavis

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 4/2/2013

The Supreme Court heard oral argument in Federal Trade Commission v. Actavis (the caption for what was Federal Trade Commission v. Watson Pharmaceuticals, Inc. in the 11th Circuit opinion below) last Monday, with Deputy...more

Court Report -- April 1, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 4/1/2013

In This Issue: Millennium Pharmaceuticals Inc. v. Fresenius Kabi USA LLC et al.; Trustee's of the University of Pennsylvania v. St. Jude Children's Research Hospital; and Pfizer Inc. et al. v. Lupin Ltd. et al.....more

News from Abroad: UK Court of Appeal Upholds Invalidity of Enantiomer Patent

by McDonnell Boehnen Hulbert & Berghoff LLP on 4/1/2013

Originally published in WP Thompson & Co. on April 1, 2013. The "Obvious to Try" Test Is Overused in Assessing Obviousness - The UK Court of Appeal Decision in Novartis AG vs Generics (UK) Ltd (trading as United...more

News from Abroad: Lilly Successfully Defends Zyprexa Compound Patent In Australia

by McDonnell Boehnen Hulbert & Berghoff LLP on 3/28/2013

Originally published in Wrays on March 27, 2013. On 15 March 2013, the Australian Federal Court upheld Eli Lilly's patent for the active compound in their highly successful product ZYPREXA®. Lilly successfully...more

Supreme Court Hears Oral Argument in "Pay-for-Delay" Patent Settlement Antitrust Case

by Jeffrey W. Brennan, Glenn Engelmann | McDermott Will & Emery on 3/27/2013

The Supreme Court’s ruling in Federal Trade Commission v. Actavis, Inc., will almost certainly have major implications for the viability of Federal Trade Commission and private suits alleging that pay-for-delay settlements...more

Sharing an Umbrella

by MoFo Tech on 3/26/2013

Big Pharma and academia cement big deals in the quest for bigger prizes - With the patents of many highly profitable blockbuster drugs expiring over the course of a few years, the search is on for new drugs to fill...more

Can Big Pharma Pay To Keep Generics Off the Market?

by Aaron Kase | Lawyers.com on 3/26/2013

The U.S. Supreme Court today heard arguments over whether big pharmaceutical companies can pay generic drug manufacturers to delay their entry into the marketplace....more

Case Brief: Federal Trade Commission v. Watson Pharmaceuticals

by Kwame Mensah | McDonnell Boehnen Hulbert & Berghoff LLP on 3/26/2013

[Ed. The Supreme Court heard oral argument today in Federal Trade Commission v. Watson Pharmaceuticals. While Patent Docs will provide analysis regarding the oral argument in a subsequent post, we provide the following...more

Court Report -- March 24, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 3/25/2013

In This Issue: AstraZeneca AB et al. v. Watson Laboratories, Inc. - Florida et al.; Pharmacia & Upjohn Co. LLC et al. v. Apotex, Inc. et al.; Intendis GmbH et al. v. Glenmark Generics Ltd. et al.; and Boehringer...more

GEN Compiles List of Top Biopharma R&D Spenders

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 3/21/2013

Earlier this month, Genetic Engineering & Biotechnology News published its list of the top 20 best-selling prescription drugs worldwide for 2012 (see "GEN Compiles List of Top Selling Drugs for 2012"). The biotech...more

Court Report -- March 17, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 3/18/2013

In This Issue: Apotex, Inc. et al. v. Teva Pharmaceutical Industries, Ltd. et al.; Bayer Intellectual Property GmbH et al. v. Rea; Janssen Products, L.P. et al. v. Hetero Drugs, Ltd. et al.; Novartis Pharmaceuticals...more

Court Report -- March 10, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 3/11/2013

In This Issue: G.D. Searle LLC et al. v. Lupin Pharmaceuticals, Inc. et al. and AbbVie Inc. et al. v. The Kennedy Trust Rheumatology Research....more

Does The Experimental Use Exception Survive The AIA?

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 3/8/2013

Now that the March 16, 2013 effective date of the first-to-file provisions of the Leahy-Smith America Invents Act (AIA) is fast-approaching, I have been reviewing the commentary in the USPTO’s February 14, 2013 Federal...more

A Cure For Antitrust Standing?

by Deirdre McInerney, Barbara Sicalides | Pepper Hamilton LLP on 3/7/2013

Recently, the Third Circuit reexamined the test for antitrust standing in Ethypharm S. A. France v. Abbott Laboratories. The importance of the opinion, however, lies not just in the court’s affirmation of the multifactor test...more

WLF Submits Comments on Abbott's Citizen Petition on Biosimilars

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 3/7/2013

Last April, Abbott Laboratories filed a Citizen Petition with the U.S. Food and Drug Administration, asking the agency to refrain from accepting biosimilar applications under the Biologics Price Competition and Innovation Act...more

News from Abroad: Bill to Diminish Term of Patents for Medicaments

by McDonnell Boehnen Hulbert & Berghoff LLP on 3/6/2013

Originally published in Olivares & Cia. on March 4, 2013. In January, the Mexican Senate published a Bill adding article 23 bis to the Industrial Property Law (IP Law). This Bill intends to establish a "special" life...more

The Heart of The Patent Bargain: Viagra Patent Invalidated In Canada

by Shohini Bagchee | Field Law on 3/4/2013

In a recent unanimous decision by the Supreme Court of Canada (Teva Canada Limited v Pfizer Canada Inc.), Pfizer Canada’s patent to its multi-million dollar selling Viagra was invalidated for insufficient disclosure. The...more

Court Report -- March 03, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 3/4/2013

In This Issue: Eli Lilly and Company et al. v. Genentech, Inc. et al.; Depomed Inc. v. Watson Laboratories Inc. - Florida et al.; Eli Lilly and Company v. Accord Healthcare Inc., USA; Endo Pharmaceuticals Inc. et al....more

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