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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

The Herceptin® Battle Moves into the District Court

by Fish & Richardson on

On November 17, 2017, Genentech filed suit against Pfizer in the District of Delaware, alleging that Pfizer’s biosimilar of Herceptin® infringes forty Genentech patents covering Herceptin® and its methods of use and...more

The Federal Circuit Opens the Door to Venue Challenges after Waiver Pre-TC-Heartland

In In re: Micron Tech., Inc., No. 2017-138 (Fed. Cir. Nov. 15, 2017), the Federal Circuit vacated the district court’s order denying Micron’s venue challenge and remanded the case for further consideration. The court held...more

Amgen Files Reply in Support of Motion to Transfer Bevacizumab Action to California

by Goodwin on

We previously reported on Genentech’s complaint in the District of Delaware alleging that Amgen’s MVASI™ (bevacizumab-awwb) infringes over twenty Genentech patents and Amgen’s motion to transfer that complaint to the Central...more

Sanofi, Sanofi-Aventis U.S., LLC V. Watson Labs. Inc., Sandoz, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before PROST, WALLACH, and TARANTO.  Appeal from the District of Delaware Summary: (1) A party may not avoid inducement based on “substantial non-infringing uses,” and (2) prosecution history...more

Genentech Moves To Dismiss Amgen’s California Bevacizumab DJ Action

by Goodwin on

We previously reported on Amgen’s complaint in the Central District of California seeking a declaratory judgment that 27 Genentech patents are not infringed by Genentech’s bevacizumab biosimilar (Mvasi®). On November 15,...more

All-Or-Nothing Damages Strategy Leads To No Damages Despite Admission Of Patent Infringement

by Orrick - IP Landscape on

Promega Corp. v. Life Technologies Corp., Fed. Cir. (November 13, 2017) - The Federal Circuit affirmed a Wisconsin district court’s decision to overturn the $52 million award a jury awarded to Promega Corporation...more

In re Sebela Patent Litigation

by Robins Kaplan LLP on

Case Name: In re Sebela Patent Litigation, 14-6414 (CCC) (MF), 2017 U.S. Dist. Lexis 128258 (D.N.J. Aug. 11, 2017) (Cecchi, J.). Drug Product and Patents-in-Suit: Brisdelle® (paroxetine mesylate); U.S. Patents Nos....more

All-or-Nothing Damages Strategy Leaves Promega with Nothing

The Federal Circuit’s recent decision in Promega Corp. v. Life Technologies Corp. is a cautionary tale that failure to present evidence of damages closely tied to each alternative basis of liability may result in a hollow...more

Federal Circuit Evaluates Import of Factual Statements Made During BPCIA Pre-litigation Patent Dance

In a nonprecedential opinion issued on November 13, 2017, the United States Court of Appeals for the Federal Circuit affirmed a district court finding that Apotex’s aBLAs for biosimilar versions of Neulasta® and Neupogen® did...more

Horizon Pharma, Inc. v. Dr. Reddy’s Labs., Inc.

by Robins Kaplan LLP on

Case Name: Horizon Pharma, Inc. v. Dr. Reddy’s Labs., Inc., 11-2317 (MLC) (DEA), 2017 U.S. Dist. LEXIS 107707 (D.N.J. July 12, 2017) (Cooper, J.). Drug Product and Patent(s)-in-Suit: Vimovo® (naproxen / esomeprazole...more

Claim to Gel Formulation Not Obvious Over Prior Art Liquid Formulation

by McDermott Will & Emery on

Addressing the issue of whether a topical gel with an increased concentration of active ingredient would have been obvious over a prior art liquid product, the US District Court for the District of New Jersey concluded that...more

Amgen Inc. v. Sanofi (Fed. Cir. 2017)

Last month, the Federal Circuit rendered a decision in Amgen Inc. v. Sanofi that brought clarity to how the Court (and U.S. Patent and Trademark Office) should apply the written description requirement in 35 U.S.C. § 112(a)...more

Perspectives on the PTAB Newsletter - November 2017

The Perspectives on the PTAB Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both sides...more

Unknown Problem Plus Nonobvious Solution Cannot Render Patent for Sublingual Formulation of Asenapine Obvious

by McDermott Will & Emery on

The District Court for the District of Delaware found Forest Labs’ patent for sublingual or buccal compositions of asenapine and methods of using such compositions to treat mental disorders, including schizophrenia and mania,...more

Ferring Pharms. Inc. v. Par Pharm., Inc.

by Robins Kaplan LLP on

Case Name: Ferring Pharms. Inc. v. Par Pharm., Inc., Civ. No. 1:15-cv-173-RGA, 2017 U.S. Dist. LEXIS 106491 (D. Del. July 11, 2017) (Andrews, J.). Drug Product and U.S. Patent: Prepopik® (sodium picosulfate, magnesium...more

Patent Venue: The Federal Circuit Resolves Widespread Disagreement Among District Courts

by Stinson Leonard Street on

In Micron Technology, the Federal Circuit resolved widespread disagreement about TC Heartland and motions to transfer venue in patent cases. The Federal Circuit held that TC Heartland changed controlling law and, thus, that...more

Federal Circuit Rules That TC Heartland Is A Change Of Law Preventing A Waiver Of Venue, But Rules That A Forfeiture Of Venue May...

by Orrick - IP Landscape on

Granting Petition for Writ of Mandamus, In re: Micron Technology, Fed. Cir. (November 15, 2017) - In the wake of the Supreme Court’s decision in TC Heartland, courts had been struggling with the question of whether...more

Pfizer Inc. v. Mylan Pharms. Inc.

by Robins Kaplan LLP on

Case Name: Pfizer Inc. v. Mylan Pharms. Inc., No. 15-79-GMS, 2017 U.S. Dist. LEXIS 125634 (D. Del. Aug. 9 2017) (Sleet, J.). Drug Product and Patent(s)-in-Suit: Toviaz® (fesoterodine fumarate extended-release tablets);...more

Patent Eligibility Pointers from the Federal Circuit – Part 2

In Part 1 of this post series, several decisions from the Court of Appeals for the Federal Circuit (CAFC) were analyzed to explore factors that may lead a court to find patent claims ineligible under §101. The cases discussed...more

NJ Court Grants Exceptional Case Fees Based on Speculative Infringement Suit

by McDermott Will & Emery on

The US District Court for the District of New Jersey awarded Luitpold more than $210,000 in fees and costs under 35 USC § 285 after granting its motion for judgment on the pleading under Fed. R. Civ. P. 12(c) (ANDA Update,...more

Reckitt Benckiser LLC v. Amneal Pharms. LLC

by Robins Kaplan LLP on

Case Name: Reckitt Benckiser LLC v. Amneal Pharms. LLC, Nos. 15-2155 (RMB/JS), 15-4524 (RMB/JS), 2017 U.S. Dist. LEXIS 133998 (D.N.J. Aug. 22 2017) (Bumb, J.). Drug Product and Patent(s)-in-Suit: Mucinex® (guaifenesin);...more

Federal Circuit Provides Guidance on Statements in Patent Dance Letters and Sunovion in Amgen v Apotex

by Goodwin on

As we previously reported, on November 14, 2017, the Federal Circuit affirmed the Southern District of Florida’s finding of non-infringement in Amgen v. Apotex. In that case, Amgen asserted the ’138 patent against Apotex...more

Generic Defendants Shed No Tears after Winning Motion to Add Incorrect Inventorship Defense

by McDermott Will & Emery on

The US District Court for the Eastern District of Texas granted defendants' motion to amend their pleadings after the deadline for amending had passed. Allergan v. Teva Pharmaceuticals USA, No. 15-1455-WCB, 2017 WL 1512334...more

Federal Circuit Affirms District Court in Amgen v. Apotex

by Goodwin on

As we previously reported, Amgen appealed the Southern District of Florida’s judgment of non-infringement in favor of Apotex in litigation regarding Apotex’s proposed filgrastim and pegfilgrastim biosimilars. Today the...more

Cloud Security Firm Zscaler Faces Patent Litigation

by Shook, Hardy & Bacon L.L.P. on

Over the past year, Symantec has filed two lawsuits asserting over a dozen patents against Zscaler’s cloud security platform, claiming in its Complaints that newcomer Zscaler “has gained momentum in the marketplace through...more

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