News & Analysis as of

Court Report - December 29, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Janssen Pharmaceuticals Inc. et al. v. Alkem Laboratories Limited 1:13-cv-09227; filed December 26, 2013 in the Northern...more

Court Report -- December 22, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Alcon Research Ltd. v. Wockhardt Ltd. et al. 1:13-cv-02040; filed December 19, 2013 in the District Court of...more

Licence To Pill: Exclusive Or Not? Bristol-Myers Squibb Company v Apotex Pty Ltd

The Federal Court of Australia held that Bristol-Myers Squibb Company (BMS) is not the exclusive licensee of a patent relating to aripiprazole under the terms of the licence granted to it by Otsuka Pharmaceutical Co Ltd...more

The Futility of Petitioning Congress (After the Fix Is In): Stakeholders Tell Judiciary Committee What's Wrong with Goodlatte Bill...

What everybody doesn't seem to know is how to get Congress to listen to the needs of the innovation community when well-heeled sectors put their lobbying and financial support in favor of legislation purportedly aimed at...more

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

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

SkinMedica, Inc. v. Histogen Inc. (Fed. Cir. 2013)

On August 23, in SkinMedica, Inc. v. Histogen Inc., the Federal Circuit determined that the District Court for the Southern District of California did not err in construing the phrase "culturing . . . cells in...more

Research Foundation of State University of New York v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2013)

When assessing the validity of a patent, you cannot ignore the dependent claims. That was the main takeaway from the recent Federal Circuit case, Research Foundation of State University of New York v. Mylan Pharmaceuticals...more

Federal Circuit Finds “Molecular Weight” to Be Insolubly Ambiguous

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Federal Circuit invalidated a number of claims directed to a polymer defined by its “molecular weight” because the term was ambiguous, and Applicants’ conflicting...more

IP Update, Vol. 16, No. 7, July 2013

“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. - Resolving a split among the U.S. Courts of Appeals, the...more

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (Fed. Cir. 2013)

A claim term that can have different meanings or values depending on the method used to measure it renders the claim indefinite because it is impossible for a potential infringer to discern the boundaries of the claim. This...more

Court Report -- July 28, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cornerstone Therapeutics Inc. et al. v. Exela Pharma Sciences LLC et al. 1:13-cv-01275; filed July 24, 2013 in the...more

The European Commission's first pay-for-delay anti-trust infringement decision

In June 2013, two important decisions regarding 'pay-for-delay' arrangements in the pharmaceuticals industry were made in the EU and US. Generally speaking, 'pay-for-delay' or 'reverse-payment settlements' involve a type of...more

Supreme Court Denies Certiorari in Momenta Case

The Supreme Court on Monday declined to grant certiorari in Momenta Pharmaceuticals v. Amphastar Pharmaceuticals, a case involving a split in authority that has arisen among Federal Circuit judges regarding the scope of the...more

Court Report -- June 23, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Alza Corp. et al. v. Par Pharmaceutical Inc. et al. 1:13-cv-01104; filed June 19, 2013 in the District Court of...more

Court Report -- June 02, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Takeda Pharmaceutical Co. et al. v. Impax Laboratories, Inc. 3:13-cv-02416; filed May 29, 2013 in the Northern District...more

Federal Circuit Holds That Third Party Clinical Trial May Not Constitute Public Use

In Dey, L.P. v. Sunovion Pharmaceuticals, Inc., the Federal Circuit vacated the district court’s grant of summary judgment in favor of Sunovion, and remanded for further consideration of whether Sunovion’s clinical trial...more

Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013)

Enactment of the Leahy-Smith America Invents Act in 2011 focused the patenting community on the changes of U.S. patent law from "first to invent" under the 1952 Patent Act to "first inventor to file" under the AIA as the...more

Court Report - April 28, 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

Court Report -- April 07, 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

Court Report -- April 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

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

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

Court Report -- March 24, 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

Court Report -- March 17, 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

Federal Circuit Upholds Fentora Patents, But Affirms Non-Infringement

In Cephalon, Inc. v. Watson Pharmaceuticals, Inc., the Federal Circuit reversed the district court’s finding that two Orange Book-listed patents for Cephalon’s FENTORA® product were invalid, but affirmed the district court’s...more

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