News & Analysis as of

Actavis Inc.

Opioid Litigation Over Insurance Coverage – Coming to a Jurisdiction Near You

by Nexsen Pruet, PLLC on

A very recent appellate ruling in California provides a roadmap for opioid litigation over insurance coverage that is about to ramp up all over country. In Travelers Prop. Cas. Co. of Am. v. Actavis, Inc. et al, 2017 WL...more

Tris Pharma, Inc. v. Actavis Labs. FL, Inc.

by Robins Kaplan LLP on

Case Name: Tris Pharma, Inc. v. Actavis Labs. FL, Inc., No. 14-1309-GMS, 2017 U.S. Dist. LEXIS 143299 (D. Del. Sept. 5, 2017) (Sleet, J.). Drug Product and Patent(s)-in-Suit: Quillivant XR® (methylphenidate...more

Invalidation Of A Claim In A Closely-Related Patent Dooms Preliminary Injunction

by Orrick - IP Landscape on

In Sebela Int’l Ltd. v. Actavis Labs., FL, Inc., Civil Action Nos. 17-4789-CCC-MF & 17-4964-CCC-MF (D.N.J. Sep. 14, 2017), plaintiffs Sebela International Limited, Sebela Ireland Limited, and Sebela Pharmaceuticals Inc....more

Merck Sharp & Dohme Corp. v. Actavis Labs. Fl, Inc.

by Robins Kaplan LLP on

Case Name: Merck Sharp & Dohme Corp. v. Actavis Labs. Fl, Inc., No. 15-cv-6075 (PGS) (DEA), 2017 U.S. Dist. LEXIS 164131 (D.N.J. Sept. 29, 2017) (Sheridan, J.)... Drug Product and Patent(s)-in-Suit: Noxafil®...more

A Seismic Shift in UK Patent Infringement Law - Actavis v. Eli Lilly

In a decision that appears to have introduced a doctrine of equivalents for the first time, the UK Supreme Court has shifted the laws on patent infringement in Actavis v. Eli Lilly UK [2017] UKSC 48. While this case...more

Excessive Pricing in Generic Drug Markets

by Ropes & Gray LLP on

EU and UK antitrust laws make it illegal for dominant firms to charge unfair or excessive prices. These laws have most often been applied in markets that feature high barriers to entry or expansion, which enable a dominant...more

Horizon Pharma Ireland Ltd. v. Actavis Laboratories, UT, Inc.

by Robins Kaplan LLP on

Case Name: Horizon Pharma Ireland Ltd. v. Actavis Laboratories, UT, Inc., No. 14-7992 (NLH/AMD) (D.N.J. May 12, 2017) (Hillman, J.)....more

Sebela Int’l Ltd. v. Actavis Labs. Florida Inc.

by Robins Kaplan LLP on

Case Name: Sebela Int’l Ltd. v. Actavis Labs. Florida Inc., No. 14:6414 (CCC) (MF), 2017 U.S. Dist. LEXIS (D.N.J. June 16, 2017) (Cecchi, J.)....more

News from Abroad -- Lilly v Actavis -- Supreme Court Introduces a Doctrine of Equivalents in the UK

The UK Supreme Court's judgment in Lilly v Actavis has profound implications for the scope of protection provided by patent claims in the UK. Originally published in J A Kemp on July 23, 2017....more

UK Supreme Court Breathes New Life to the Doctrine of Equivalents

by Dorsey & Whitney LLP on

In what is perhaps the most important development in English law of the last decade in this area of interpretation of patent claims and patent infringement, the UK Supreme Court gave new life to the doctrine of equivalents in...more

UK widens the scope of patent protection

by DLA Piper on

On 12 July, the English Supreme Court introduced a major change to English patent law, extending the potential scope of protection of a patent beyond the interpretation of its claims to variants which achieve substantially...more

New Jersey Court Rules That a Parent Company Is Still on the Hook for Divested Subsidiary’s ANDA Filing

by McDermott Will & Emery on

Addressing a motion to dismiss for lack of subject matter jurisdiction, a New Jersey district court held that Merck could maintain a Hatch-Waxman lawsuit against Actavis, Inc. n/k/a Allergan Finance LLC (Actavis), despite...more

Actavis v. Eli Lilly1: Back to the future - The UK Supreme Court changes the test for patent infringement

by WilmerHale on

The UK Supreme Court rarely hears patent cases, and will only hear cases that it considers to be fundamentally important. The court's July 12 judgment is most significant for changing the test for infringement in the United...more

UK Supreme Court hands down landmark ruling in favour of Eli Lilly

by Hogan Lovells on

Following last Friday’s (7 July 2017) unusual move of advance publication of the outcome of the case, the UK Supreme Court now published the reasons for its decision in the long-running Actavis v Eli Lilly case. The reasons...more

Hogan Lovells Successfully Acts for Eli Lilly in UK Supreme Court Patent Ruling

by Hogan Lovells on

In an unusual move, the UK Supreme Court (UKSC) has given its key conclusions in the long running Actavis v Eli Lilly case ahead of giving the full judgment. The UKSC allowed Eli Lilly’s appeal and held that Actavis’ products...more

Recro Gainesville LLC v. Actavis Labs. FL, Inc.

by Robins Kaplan LLP on

Case Name: Recro Gainesville LLC v. Actavis Labs. FL, Inc., Civ. No. 14-1118-GMS, 2017 U.S. Dist. LEXIS 24428 (D. Del. Feb. 22, 2017) (Sleet, J.). Drug Product and U.S. Patent: Zohydro® ER (hydrocodone bitartrate...more

Orexo AB v. Actavis Elizabeth LLC

by Robins Kaplan LLP on

Case Name: Orexo AB v. Actavis Elizabeth LLC, 14-cv-829-SLR, 2016 U.S. Dist. LEXIS 157683 (D. Del. Nov. 15, 2016) (Robinson, J.). Drug Product and Patents-in-Suit: Zubsolv® (buprenorphine / naloxone sublingual tablet);...more

Endo Pharms. Inc. v. Actavis Labs. UT, Inc.

by Robins Kaplan LLP on

Case Name: Endo Pharms. Inc. v. Actavis Labs. UT, Inc., 2016-1146, 2016 U.S. App. LEXIS 18490 (Fed. Cir. Oct. 14, 2016) (Circuit Judges Moore, Taranto, and Hughes presiding; Opinion by Taranto, J.) (Appeal from E.D. Tex.,...more

Nexium Case Extends Actavis Ruling

by McDermott Will & Emery on

Addressing a pay-for-delay and pharmaceutical-settlement antitrust jury trial for the first time since the 2012 Supreme Court of the United States decision in FTC v. Actavis (IP Update, Vol. 16, No. 7), the US Court of...more

Horizon Pharma Ireland Ltd. v. Actavis Labs., UT, Inc.

by Robins Kaplan LLP on

Case Name: Horizon Pharma Ireland Ltd. v. Actavis Labs., UT, Inc., Civ. No. 14-7992 (NLH/AMD), 2016 U.S. Dist. LEXIS 109068 (D.N.J. Aug. 17, 2016) (Hillman, J.) - Drug Product and Patent(s)-in-Suit: Pennsaid® (diclofenac...more

Two reverse-payment appeals to watch

It has been over three years since the Supreme Court’s Actavis decision. Since then, numerous putative class actions alleging harm to competition as a result of “reverse-payment” settlements have flooded the courts. The...more

Court Report - September 2016

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Horizon Therapeutics, Inc. v. Lupin Ltd. et al. 1:16-cv-04438; filed July 21, 2016 in the District Court of New Jersey...more

Ferring B.V. v. Actavis, Inc.

by Robins Kaplan LLP on

Case Name: Ferring B.V. v. Actavis, Inc., Civil No. 15-4222 (SRC)(CLW), 2016 U.S. Dist. LEXIS 69328 (D.N.J. May 26, 2016) (Chesler, J.) - Drug Product and Patents-in-Suit: Lysteda® (tranexamic acid); U.S. Patent No....more

The FTC Requires Largest-Ever Generic Drug Divestiture

by Dechert LLP on

The U.S. Federal Trade Commission (FTC) recently announced a settlement resolving its competitive concerns over the merger of two leading generic drug manufacturers – Teva and Allergan. In July 2015, Teva agreed to acquire...more

ANDA Update - Volume 2, Number 2

by McDermott Will & Emery on

180-Day Notice Period for Biosimilar Approval Is Always Mandatory and Enforceable by Injunction - Amgen Inc., v. Apotex Inc., (Fed. Cir. July 5, 2016) - A year after analyzing the patent dance and notice...more

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