Evidence, Reaffirmation

Court of Appeal broadly upholds the CAT's judgment in Phenytoin and clarifies "excessive pricing" test - Authorities can't stick...

White & Case LLP on 4/1/2020

On 10 March 2020 the Court of Appeal upheld the Competition Appeal Tribunal's (CAT) quashing of the Competition and Markets Authority's (CMA) decision that Pfizer and Flynn Pharma (Flynn) had abused their dominant positions...more

Latest Federal Court Cases - December 2019 #4

Schwabe, Williamson & Wyatt PC on 12/31/2019

PATENT CASE OF THE WEEK - Persion Pharms. LLC v. Alvogen Malta Operations Ltd., Appeal No. 2018-2361 (Fed. Cir. Dec. 27, 2019) - In this week’s Case of the Week, the Federal Circuit affirmed a district court judgment...more

Drug Treatment May Be Obvious Even When FDA Is Unconvinced It Is Safe and Effective

Knobbe Martens on 12/30/2019

PERSION PHARMACEUTICALS LLC v. ALVOGEN MALTA OPERATIONS LTD. Before O’Malley, Reyna, and Chen. Appeal from the U.S. District Court for the District of Delaware. Summary: The FDA’s acceptance of safety data for a...more

Orders of prohibition relating to polymorphic form patent for PRISTIQ upheld on appeal

Smart & Biggar on 3/2/2019

As previously reported, the Federal Court, in a pair of decisions, granted orders prohibiting Apotex and Teva from marketing their generic o-desmethyl-venlafaxine (ODV) succinate products (Pfizer’s PRISTIQ) until expiry of...more

Federal Circuit Review - October 2018

Knobbe Martens on 11/14/2018

IPR Petitioner’s Initial Identification of the Real Parties in Interest Is to Be Accepted Unless and Until Disputed by a Patent Owner - In Worlds Inc. v. Bungie, Inc., Appeal Nos. 2017-1481, -1546, -1583, the Federal...more

Post-Priority Document Usable As Evidence of POSITA Motivation

Jones Day on 10/26/2018

The Federal Circuit recently affirmed the Patent Trial and Appeal Board’s (“PTAB”) final written decisions finding the claims of Yeda Research and Development Co., Ltd.’s (“Yeda”) U.S. Patent Nos. 8,232,250, 8,399,413, and...more

Yeda Research And Development Co., Ltd. v. Mylan Pharmaceuticals Inc. & Teva Pharmaceuticals USA, Inc. v. Sandoz Inc.

Knobbe Martens on 10/17/2018

Federal Circuit Summary - Before Judges Reyna, Bryson, and Stoll. Appeals from the Patent Trial and Appeal Board and the United States District Court for the District of Delaware. Summary: Non-prior art evidence may...more

Second Circuit Clarifies Summary Judgment Standards in Antitrust Conspiracy Case

Dechert LLP on 8/8/2018

The U.S. Court of Appeals for the Second Circuit affirmed a grant of summary judgment on July 19, 2018, in favor of defendants in a nearly decade-old case alleging an unlawful conspiracy in the single-copy magazine industry....more

Federal Circuit Review - April 2018

Knobbe Martens on 5/15/2018

Broadest Reasonable Interpretation Encompasses All Embodiments in the Absence of Support Specifically Excluding an Embodiment - In Steuben Foods, Inc. v. Nestle USA, Inc., Appeal No. 2017-1290, the Federal Circuit...more

Polaris Industries, Inc. v. Arctic Cat, Inc.

Knobbe Martens on 2/12/2018

Federal Circuit Summaries - Before Lourie, O’Malley, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Evaluation of “teaching away” requires consideration of whether a reference “criticize[s],...more

Federal Court reaffirms and reissues section 8 venlafaxine judgments overturned by the Court of Appeal for hearsay

Smart & Biggar on 6/27/2017

As previously reported, in 2016 the Federal Court of Appeal set aside a decision of the Federal Court awarding Teva close to $125 million in damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations...more

Federal Circuit Review | September 2016

Knobbe Martens on 10/6/2016

Claims Directed to Monitoring and Analyzing Data Held to Be Invalid under § 101 - In Electric Power Group, LLC v. Alstom S.A., Appeal No. 2015-1778, the Federal Circuit upheld the district court’s grant of summary...more

Evidence › Reaffirmation

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