Can’t Stop a Bull: Limits of Claim Preclusion - In Inguran, LLC Dba Stgenetics v. Abs Global, Inc., Genus Plc, Appeal No. 22-1385, the Federal Circuit held that claim preclusion does not bar an induced infringement claim...more
Precedential and Key Federal Circuit Opinions - UNITED THERAPEUTICS CORPORATION v. LIQUIDIA TECHNOLOGIES, INC. [OPINION] (22-2217, 7/24/23) (Lourie, Dyk, and Stoll) - Lourie, J. The Court affirmed the district...more
Fans of civil procedure will want to check out our case of the week, which offers an interesting discussion of the requirements for claim preclusion in patent infringement suits—and a reminder about the distinctions between...more
Precedential Federal Circuit Opinions - MEDYTOX, INC. v. GALDERMA S.A. [OPINION] (2022-1165, 6/27/2023) (Dyk, Reyna, and Stark) - Reyna, J. The Court affirmed a decision by the PTAB in a post-grant review denying an...more
On May 15, 2023, the Supreme Court of the United States denied Teva Pharmaceuticals USA, Inc.’s (“Teva”) petition for certiorari in Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline, LLC, ending a nearly nine-year court...more
As previously reported, the Federal Court (FC) found that Teva would directly infringe but not induce infringement of certain claims of Canadian Patent No. 2,655,335 (335 patent) regarding its paliperidone palmitate product...more
Hosted by C5, the 16th Annual Forum on Pharma & Biotech Patent Litigation in Europe returns 23-24 May, at the DoubleTree by Hilton Amsterdam Central Station, Amsterdam with curated programing for you to gain the knowledge and...more
Hosted by ACI, 18th Annual Paragraph IV Disputes Conference returns to New York City for another exciting year with curated programming that not only addresses the hot topics, but also puts them within the context of pre-suit...more
Case Name: Salix Pharms., Ltd. v. Norwich Pharms., Inc., C.A. No. 20-cv-430-RGA, 2022 WL 3225381 (D. Del. Aug. 10, 2022) (Andrews, J.) Drug Product and Patent(s)-in-Suit: Xifaxan® (rifaximin); U.S. Patents Nos. 7,612,199...more
Case Name: United Therapeutics Corp. v. Liquidia Technologies, Inc., Civ. No. 20-755-RGA, 2022 WL 3910252 (D. Del. Aug. 31, 2022) (Andrews, J.) Drug Product and Patent(s)-in-Suit: Tyvaso® (treprostinil); U.S. Patents Nos....more
A Construction That Eliminates the Entire Scope of Dependent Claims Should Be Avoided - Littelfuse, Inc. v. Mersen USA Ep Corp., Appeal No. 21-2013, the Federal Circuit vacated a claim construction that violated the doctrine...more
Case Name: Amarin Pharm., Inc. v. Hikma Pharms. USA Inc., No. 20-1630-RGA-JLH, 2022 WL 605734 (D. Del. Jan. 4. 2022) (Andrews, J.) Drug Product and Patent(s)-in-Suit: Vascepa® (icosapent ethyl); U.S. Patents Nos. 8,642,077...more
Case Name: GlaxoSmithKline LLC v. Teva Pharms. USA, Inc., 25 F.4th 949 (Fed. Cir. 2022) (Circuit Judges Moore, Newman, Dyk, Prost, O’Malley, Reyna, Taranto, Chen, Hughes, and Stoll presiding; Moore, Newman, O’Malley, Taranto,...more
U.S. patent law grants patent owners the right to grant licenses to their patents in analogy to landlords granting rents to real property as a license to use without obtaining ownership. 35 U.S.C. §§ 261-262. But the...more
ROCHE DIAGNOSTICS CORPORATION v. MESO SCALE DIAGNOSTICS, LLC - Before Newman, Prost, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: A finding of inducing infringement requires...more
Premier forum which shapes the law, policy, and proceedings of Paragraph IV Litigation is back to New York City on April 26-27! Pharmaceutical patent practitioners from across the globe attend this flagship conference to...more
The US Court of Appeals for the Federal Circuit denied a generic drug manufacturer’s petition for en banc review of a panel opinion finding induced infringement liability despite the manufacturer’s adherence to skinny...more
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
Forum shopping among patent owners pursuing claims for patent infringement is widespread. One factor a plaintiff may consider in selecting a forum arises out of a split among district courts that the Federal Circuit has yet...more
As the world marched forward in the face of the lingering covid-19 global pandemic, the Supreme Court and Federal Circuit followed suit, issuing several noteworthy decisions of which patent litigators should be aware in 2022....more
While the Federal Circuit has patent law as its principal focus, as a U.S. Circuit Court of Appeals, questions come before the Court on more mundane, procedural matters (which, sometimes being dispositive, does not reduce...more
In a redux visit, the US Court of Appeals for the Federal Circuit found that the record compelled reversal of a district court’s refusal to reinstate a jury’s willful infringement verdict and enhanced damages award but...more
Background - On August 5, 2021, the Federal Circuit issued an opinion in GlaxoSmithKline v. Teva Pharmaceuticals, Case No. 18-1976, in favor of GSK, finding that Teva was liable for inducing infringement of GSK's patent....more
OMEGA PATENTS, LLC v. CALAMP CORPORATION - Before Prost, Dyk, and Hughes. Appeal from the United States District Court for the Middle District of Florida. Summary: Licensing policies that allow use of any or all of a...more
Earlier this month, in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed (2-1) upon rehearing its October 2020 decision that a labeling...more