The Court of Appeals for the Federal Circuit recently addressed the issue of “analogous prior art,” a patent law doctrine fundamental to the legal determination of whether a patent is invalid as obvious over the prior art....more
11/6/2023
/ Analogous Art ,
Appeals ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Mylan Pharmaceuticals ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patentability Search ,
Patents ,
Prior Art ,
Sanofi-Aventis
In one of the first district court opinions applying the Federal Circuit’s recent GSK decision on induced infringement in the context of label carve-outs, Judge Richard Andrews in the District of Delaware held that plaintiff...more
1/26/2022
/ Amarin ,
Generic Drugs ,
GlaxoSmithKline ,
Induced Infringement ,
JMOL ,
Life Sciences ,
Marketing ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Product Labels
On August 5, 2021, the Federal Circuit withdrew its October 2020 opinion in GSK v. Teva, summarized in this post on induced infringement of method-of-treatment claims, and issued an opinion that reiterated the prior holding...more
8/20/2021
/ Abbreviated New Drug Application (ANDA) ,
Biosimilars ,
Biotechnology ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
GlaxoSmithKline ,
Induced Infringement ,
Intellectual Property Protection ,
Life Sciences ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Prescription Drugs ,
Product Labels ,
Teva Pharmaceuticals
Reference product sponsors often obtain patents claiming methods of using a known drug to treat a condition or disease. Because generic and biosimilar developers typically do not treat patients, and thus do not directly...more