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Joinder Pharmaceutical Patents

Smart & Biggar

Amended PMNOC Regulations: Second Anniversary Update

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September 21, 2019 was the second anniversary of the coming into force of the amended Patented Medicines (Notice of Compliance) Regulations (Regulations) heralding significant changes to the landscape for pharmaceutical...more

Smart & Biggar

Infringement based on making/selling under existing NOC for one strength struck from action under the PMNOC Regulations triggered...

Smart & Biggar on

The Federal Court has granted in part Pharmascience’s motion to strike out portions of Teva’s statement of claim under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) relating...more

Akin Gump Strauss Hauer & Feld LLP

PTAB: Federal Circuit’s Click-to-Call Holding Applies to Statutory Bar Under 35 U.S.C. § 315(a)

The Patent Trial and Appeal Board (the “Board”) vacated its institution decision and terminated an inter partes review (IPR) filed by Mylan Pharmaceuticals, Inc. (“Mylan”) based on Mylan’s prior counterclaim seeking a...more

Knobbe Martens

Federal Circuit Review - March 2019

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Federal Circuit Determines Time-Barred Petitioner Joined to an IPR Has Appellate Standing - In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal Circuit held that a...more

Mintz - Intellectual Property Viewpoints

Time-Barred IPR Petitioners Have Separate Standing to Appeal PTAB Decisions

In the February 1, 2019 decision of Mylan Pharms. Inc. v. Research Corp. Techs., 2019 U.S. App. LEXIS 3282, __ F.3d __, 2019 WL 405682, the Federal Circuit affirmed a PTAB final written decision (FWD) holding claims of U.S....more

Jones Day

Joined Parties Have Statutory Standing To Appeal

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In Friday’s decision in Mylan Pharmaceuticals Inc. v. Research Corp. Technologies, Inc., No. 17-2088 (Fed. Cir. Feb. 1, 2019), the Federal Circuit held that a time-barred petitioner that is joined into a case has an...more

Knobbe Martens

Mylan Pharmaceuticals Inc. v. Research Corporation Tech.

Knobbe Martens on

Federal Circuit Summary - Before Lourie, Bryson, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: A party joined to an inter partes review has the right to appeal the Board’s final written decision...more

Goodwin

Samsung Bioepis Files for Joinder With Hospira Petitions Against Genentech Patents

Goodwin on

Samsung Bioepis has filed three petitions for IPR challenging Genentech patents related to the use of Herceptin® (trastuzumab): IPR2017-01958, challenging U.S. Patent 6,627,196; IPR2017-01959 challenging U.S. Patent...more

Goodwin

Breaking News: PTAB Grants One Petition and Denies Another for Review of Genentech’s Cabilly Patent

Goodwin on

Merck Sharp & Dohme filed two petitions for inter partes review of Genentech’s U.S. Patent 6,331,415, one of the “Cabilly Patent,” which claims processes and materials broadly applicable to recombinant antibody manufacturing....more

Patterson Belknap Webb & Tyler LLP

Four Years of IPRs: Lessons from Proceedings for the Cabilly II Patent

It has been four years since the first inter partes review proceedings were filed in the United States. The first IPR petition, filed on September 16, 2012 (the first day IPRs became available), made it all the way to the...more

Troutman Pepper

Third Circuit Decertifies Class on Numerosity Grounds, Listing Relevant Factors for the First Time

Troutman Pepper on

The Modafinil decision bodes well for defendants and represents another step toward increased scrutiny of the class action device in the Third Circuit. On September 13, a divided panel of the U.S. Court of Appeals for...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Life Sciences Report - September 2016

About the PTAB Life Sciences Report: Each week we will report on recent developments at the PTAB involving life sciences patents. Amerigen Pharmaceuticals Limited v. UCB Pharma GmbH - PTAB Petition: IPR2016-01665;...more

Foley & Lardner LLP

Survey of Pharmaceutical IPRs Filed By Generic Drug Company Petitioners

Foley & Lardner LLP on

We have reviewed a sub-group of 111 IPRs filed by generic drug companies against pharmaceutical patents to assess outcomes and trends. While our survey was not intended to capture every IPR filed by a generic drug company, it...more

Perkins Coie

Inter Partes Review Proceedings: A Third Anniversary Report

Perkins Coie on

When inter partes review (IPR) proceedings became effective in September 2012, few people would have predicted the transformative effect it would have on patents and the litigation landscape. Three years in, IPR has become...more

Knobbe Martens

Medical Device Trade Group Pens Letter in Opposition to Innovation Act

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The Medical Device Manufacturers Association (“MDMA”) has been vocal in lobbying Capitol Hill for what they consider “necessary changes” to patent law for continuing medical device innovation.  Part of that lobbying has...more

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