News & Analysis as of

Infringement Pharmaceutical Patents

Smart & Biggar

Supreme Court of Canada dismisses Apotex and Pharmascience’s applications for leave to appeal paliperidone inducing infringement...

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As previously reported, the Federal Court of Appeal dismissed two decisions relating to paliperidone palmitate (Janssen’s INVEGA SUSTENNA), finding in a summary trial that each of Pharmascience and Apotex would induce...more

Knobbe Martens

Skinny Labeling May Not Be Enough to Avoid Induced Infringement Allegations

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Before Moore, Lourie, and Albright. Appeal from the United States District Court for the District of Delaware. Summary: The totality of the complaint’s allegations must be considered when assessing whether induced patent...more

Smart & Biggar

Supreme Court of Canada dismisses Apotex’s application for leave to appeal macitentan inducing infringement decision

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As previously reported, the Federal Court of Appeal dismissed Apotex’s appeal of a decision relating to macitentan (Janssen’s OPSUMIT), which found that Apotex would induce infringement of Janssen’s patent....more

Knobbe Martens

Going down With the Ship: Non-infringing Indications Are Barred When Listed in the Same ANDA as Infringing Indications

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SALIX PHARMACEUTICALS, LTD. v. NORWICH PHARMACEUTICALS., INC. Before Lourie, Chen, and Cunningham.  Appeal from the District of Delaware Summary: The Federal Circuit ruled that an ANDA listing an infringing indication cannot...more

WilmerHale

Federal Circuit Addresses Scope of Medical Device and Drug Infringement Safe Harbor

WilmerHale on

On March 25, 2024, the Federal Circuit issued an opinion in Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., addressing whether the act of importing two heart valve systems for a medical conference was within the...more

Smart & Biggar

Strategies for in-house counsel to mitigate risk related to intellectual property

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In today’s competitive innovation economy, companies across industries face a wide range of potential legal issues and risks related to intellectual property (IP). Whether it is infringement of a valuable patented technology,...more

King & Spalding

ITC Section 337 Update - June 2015 #2

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Second 100-Day ID Finds Complainant Has Standing In 949 Investigation – As mentioned in prior coverage, on March 12, 2015, the Commission issued a Notice of Investigation in Certain Audio Processing Hardware and Software,...more

McDonnell Boehnen Hulbert & Berghoff LLP

G.D. Searle LLC v. Lupin Pharmaceuticals, Inc. (Fed. Cir. 2015)

Over seven years ago, the Federal Circuit delivered a mixed ruling against Pfizer in litigation against Teva) relating to the pain medication Celebrex® (celocoxib) (where "celocoxib" is...more

McDonnell Boehnen Hulbert & Berghoff LLP

Court Report - February 2015 #4

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Vaccines and Diagnostics, Inc. et al. v. Pfizer, Inc. 2:15-cv-01283; filed February 18, 2015 in the District...more

McDonnell Boehnen Hulbert & Berghoff LLP

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (Fed. Cir. 2013)

A claim term that can have different meanings or values depending on the method used to measure it renders the claim indefinite because it is impossible for a potential infringer to discern the boundaries of the claim. This...more

McDonnell Boehnen Hulbert & Berghoff LLP

Court Report -- June 02, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Takeda Pharmaceutical Co. et al. v. Impax Laboratories, Inc. 3:13-cv-02416; filed May 29, 2013 in the Northern District...more

McDonnell Boehnen Hulbert & Berghoff LLP

Court Report -- April 22, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. - Depomed, Inc. v. Endo Pharmaceuticals Inc. 3:13-cv-02467; filed April 17, 2013 in the District Court of New Jersey:...more

McDonnell Boehnen Hulbert & Berghoff LLP

Court Report -- April 14, 2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Shire LLC v. Neos Therapeutics, Inc. - 3:13-cv-01452; filed April 11, 2013 in the Northern District of Texas: ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Court Report -- April 07, 2013

In This Issue: Novartis Pharmaceuticals Corp. et al. v. Noven Pharmaceuticals Inc. et al.; Purdue Pharmaceutical Products L.P. et al. v. Dr. Reddy's Laboratories, Inc. et al.; Taro Pharmaceuticals North America, Inc....more

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