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Court Report - July 2014 #3

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. GlaxoSmithKline LLC et al. v. Glenmark Generics Inc. USA 1:14-cv-00877; filed July 3, 2014 in the District Court of...more

Anti-Inversion Legislation May Impact Non-Inverted Private Equity Deals

Corporate inversions have been the target of regulatory or statutory tax proposals for many years. However, the recently attempted combination of Pfizer and AstraZeneca received prompt and more far-reaching attention in the...more

The Inversion Craze: Will Today's Routine Tax Planning Be Retroactively Outlawed?

Alongside the more typical summer fare, such as coverage of the best beach reading and the latest action movie blockbuster, this summer the media have been abuzz with seemingly daily reports on the latest so-called...more

Recent Practical Effects of “Just Saying No”

In the past few months, we have seen an increasing number of hostile or unsolicited M&A bids where boards of directors of target companies have resisted bidders’ advances. Traditionally, the board-friendly Delaware approach,...more

Court Report - July 2014 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Eli Lilly and Company et al. v. Panacea Biotec, Ltd. 1:14-cv-01064; filed June 26, 2014 in the Southern District of...more

Court Report - June 2014 #5

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Pharmaceuticals Corp. et al. v. Mylan Inc. et al. 1:14-cv-00777; filed June 19, 2014 in the District Court of...more

Is Your Company Prepared For The Potential Impacts Of The Stop Corporate Inversions Act of 2014

As Congress Seeks Additional Funding, Inversion Proposal Emerges - Throughout the past several weeks, Pfizer’s attempt to acquire AstraZeneca has garnered significant congressional and media attention. Pfizer, a U.S....more

Legal Alert: UPDATE: The Hare Loses Steam – Patent Litigation Reform Law Unlikely This Year

Efforts by the U.S. Senate to pass an alternative to the Innovation Act, which aims to reform abusive patent litigation, have stalled. Sen. Patrick Leahy, who is leading the effort, has announced that his committee is tabling...more

Corporate Inversions–Fencing In U.S. Businesses

The U.S. has a tax competitiveness problem – its effective corporate tax rates are among the highest in the world. Once upon a time the U.S. was on the low end, and attracted business and capital. Now that it is on the high...more

Pfizer Inc. et. al v. Teva Pharmaceuticals USA, Inc. et al. (Fed Cir)

Case Name: Pfizer Inc. et. al v. Teva Pharmaceuticals USA, Inc. et al., Civ. Nos. 2012-1576, 2012-1601, 2012-1602, 2012-1603, 2012-1604, 2012-1605, 2012-1607, 2014 U.S. App. LEXIS 2242 (Fed. Cir. February 6, 2014) (Circuit...more

Statins Litigation Summary

Lawsuits gainst Pfizer were recently certified into MDL 2502 before U.S. District Judge Richard M. Gergel in South Carolina. Plaintiffs allege that the LIPITOR® (atorvastatin calcium) warning label used medical jargon that...more

GENERICally Speaking - Vol. 4, No. 1

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

SDNY Patent Litigation Update: Vol. 1, No. 4

The SDNY Patent Litigation Update provides a single-resource, monthly summary of patent litigation action in SDNY including complaints filed, important decisions, and trending issues. For example, last month Judge Scheindlin...more

Pharmaceutical Patent Injunction Refused: Warner-Lambert Company LLC v Apotex Pty Ltd [2014] FCA 241

Pfizer sought an interlocutory injunction to restrain Apotex from launching its pregabalin products for the treatment of seizures, claiming that the supply would constitute indirect infringement of Pfizer’s patent for...more

Federal Circuit Upholds Lyrica Patents

In a non-precedential decision issued February 6, 2014, the Federal Circuit affirmed a district court decision that upheld the four Orange Book listed patents for Pfizer’s Lyrica® product. According to the court’s rules, the...more

Patent Enforcement Round-Up In South East Asia

As patent filings in South East Asia grow, patent enforcement activities will no doubt be on the rise in the region. We round up patent litigation and licensing in South East Asian countries reported in the past year or so....more

Proof of Conception of Invention Is Not Confined to Any Formula - Sanofi-Aventis v Pfizer Inc.

Analyzing whether proof of conception of a DNA segment invention required a showing of the entire polynucleotide sequence, the U. S. Court of Appeals for the Federal Circuit affirmed the Board of Patent Appeals and...more

Federal Circuit Review - December 2013

Apple Awarded Permanent Injunction - In Apple Inc. v. Samsung Electronics Co., Appeal No. 13-1129, the Federal Circuit vacated denial of a permanent injunction with respect to Apple’s utility patents and affirmed denial...more

Returning military reservist allowed to invoke USERRA “escalator principle” for failure to reinstate into higher-level job

The federal First Circuit Court of Appeals in Rivera-Melendez v. Pfizer considered a returning veteran’s claim that Pfizer violated the “escalator principle” that is a unique element of the federal Uniformed Services...more

Sanofi-Aventis v. Pfizer Inc. (Fed. Cir. 2013)

Last week, in Sanofi-Aventis v. Pfizer Inc., the Federal Circuit affirmed an award of priority to Pfizer by the Board of Patent Appeals and Interferences in an interference involving the cDNA for the human interleukin-13...more

Federal Circuit Holds Full Sequence Not Required for Invention of DNA

In Sanofi-Aventis v. Pfizer, Inc., the Federal Circuit affirmed the USPTO’s determination that Pfizer had proven an earlier date of invention of the DNA sequence at issue, even though it did not have the full, correct...more

A Look Back On Zoloft

As early as 2006, Zoloft was linked to birth defects. Despite clear evidence of dangerous side effects in pregnant women, Pfizer continued to aggressively market the risky drug....more

First Circuit Holds Military Members May Be Entitled to Discretionary Promotions upon their Return from Service

The First Circuit Court of Appeals held that an employer may have discriminated against an employee by not giving him a discretionary promotion upon his return from a military deployment in Rivera-Melendez v. Pfizer Pharm.,...more

A Farewell To Dr. Randolph And Making Your Compliance Program Effective

Dr. Henry Randolph died this week. He was a well-known expert in the field of dairy science. ...more

Court Report -- June 17, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Fresenius Kabi USA, LLC v. Watson Laboratories Inc. et al. 1:13-cv-01015; filed June 6, 2013 in the District Court of...more

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