News & Analysis as of

Orange Book

McDonnell Boehnen Hulbert & Berghoff LLP

Hikma v. Amarin at the Supreme Court: The Parties’ Opening Briefs – Part II

In recent years, the Federal Circuit has, with varying levels of agreement, considered what behavior by generic drugmakers constitutes inducement of infringement regarding so-called “off-label” prescribing for indications not...more

Procopio, Cory, Hargreaves & Savitch LLP

How Does Orange Book Delisting Affect Ongoing Hatch-Waxman Litigation?

In the wake of the Federal Circuit’s 2024 Orange Book delisting decision in Teva v. Amneal, Hatch-Waxman practitioners have been left to grapple with several unanswered questions. Although the decision clarified what is...more

Haug Partners LLP

The Skinny on Skinny Labels: The Active Inducement Problem That Patent Practitioners Should Know

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On January 16, 2026, the United States Supreme Court agreed to hear Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (No. 24-889), a case that will directly shape the future of generic drug competition and the scope of...more

Robins Kaplan LLP

New ANDA Cases - First Quarter 2026

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This chart summarizes the case name, presiding judge, drug, and patents-at-issue in all federal district court cases that are filed pursuant to the Hatch-Waxman Act....more

Robins Kaplan LLP

Astellas Pharma Inc. v. Ascent Pharms., Inc.

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Myrbetriq is indicated for the treatment of overactive bladder (OAB). The patents-in-suit claim compositions containing mirabegron and their use in treating OAB....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Key Provisions of the Remedy Act and Their Impact on Hatch‑Waxman Litigation

In the United States, both patent law and U.S. Food and Drug Administration (FDA) regulations govern the commercial availability of drug products and any potential periods of market exclusivity....more

Hogan Lovells

Pharma and biotech innovation and competition in 2026: Five areas to watch

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FDA has undergone fundamental changes under the Trump administration. The agency is smaller, but is it smarter? Commissioner Makary has embraced AI and appears to be looking for new ways to abbreviate clinical development for...more

Robins Kaplan LLP

New ANDA Cases - Fourth Quarter 2025

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This chart summarizes the case name, presiding judge, drug, and patents-at-issue in all federal district court cases that are filed pursuant to the Hatch-Waxman Act....more

Robins Kaplan LLP

ANDA Litigation Settlements - Fourth Quarter 2025

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This chart summarizes the case name, drug, patents-in-suit, and publicly available terms for reported settlements in federal district court cases that are filed pursuant to the Hatch-Waxman Act....more

McGuireWoods LLP

Skinny Facts May Limit Supreme Court’s Decision in ‘Skinny Label’ Generic Drug Approval Case

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The Supreme Court on Jan. 16, 2026, agreed to decide a case about how generic companies can communicate to the market about their products, including whether their product promotion may infringe innovators’ use patents...more

Robins Kaplan LLP

United Therapeutics Corp. v. Liquidia Technologies, Inc.

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In January 2020, Liquidia filed an NDA seeking approval to make and sell Yutrepia, a dry powder formulation of treprostinil used to treat certain pulmonary diseases. It referenced UTC’s Tyvaso product and filed Paragraph IV...more

Hogan Lovells

Supreme Court Takes Up Hikma v. Amarin: A Pivotal Test for Skinny Labeling

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On January 16, 2026, the U.S. Supreme Court announced its intent to hear the case of Hikma v. Amarin. This case follows the landmark GSK v. Teva case from 2021, in which the Federal Circuit held that a generic drug...more

McDonnell Boehnen Hulbert & Berghoff LLP

Teva Capitulates to Federal Trade Commission Coercion

Over several years and two administrations (see “FTC Announces Efforts to Police Pharmaceutical Companies’ Patent Behavior“; “FTC Warns Pharma Companies It Means Business with Its Orange Book Listing Policy“; “Federal Trade...more

Haug Partners LLP

Listing a Liability: The Orange Book’s New Antitrust Frontier

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The tension between regulatory compliance and antitrust exposure in Orange Book patent listings reached a dramatic inflection point this fall. In late October, Teva Pharmaceuticals agreed to pay $35 million to settle a...more

Wolf, Greenfield & Sacks, P.C.

Navigating Medical Device Regulation and IP Protection in the United States (Part 2 of 2)

In the United States, medical device regulation and intellectual property (IP) protection are governed by complex statutory and regulatory frameworks that are distinct from—but closely related to, and in some cases...more

Robins Kaplan LLP

New ANDA Cases - Third Quarter 2025

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This chart summarizes the case name, presiding judge, drug, and patents-at-issue in all federal district court cases that are filed pursuant to the Hatch-Waxman Act. It also includes the same information for proceedings...more

American Conference Institute (ACI)

[Event] 8th Annual Summit on Life Sciences IP Due Diligence - December 3rd - 4th, Boston, MA

Attend ACI's 8th Annual Summit on Life Sciences IP Due Diligence, and join IP counsel from across the life sciences industry to benchmark your diligence strategies, strengthen portfolio valuation approaches, and stay ahead of...more

Fish & Richardson

Lessons for Biopharma From the Battle of Entresto®

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After more than six years of high-stakes litigation in multiple courts and regulatory fights at the Food and Drug Administration (FDA), generic versions of Novartis Pharmaceuticals Corp. (“Novartis”)’s Entresto® have entered...more

Robins Kaplan LLP

In re Entresto (sacubitril/valsartan) Patent Litigation (Novartis Pharms. Corp. v. MSN Pharms. Inc.)

Robins Kaplan LLP on

Nature of the Case and Issue(s) Presented: Novartis holds the NDA for Entresto, a drug used to treat heart failure, having the active ingredients sacubitril and valsartan. The ’918 patent is not an Orange Book-listed patent...more

Robins Kaplan LLP

Novo Nordisk, Inc. v. Mylan Pharms. Inc.

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Nature of the Case and Issue(s) Presented: Novo makes and sells Wegovy. Novo sued Mylan asserting patent infringement of five patents that are listed, or Novo intends to list, in FDA’s Orange Book. In its complaint, Novo...more

Robins Kaplan LLP

Mallinckrodt plc v. Airgas Therapeutics LLC

Robins Kaplan LLP on

Nature of the Case and Issue(s) Presented: Mallinckrodt’s (“MNK”) patents cover INOmax and its delivery system, DSIR Plus, which comprise products that administer inhaled nitric oxide gas (“iNO”) in a hospital setting to...more

Troutman Pepper Locke

Will the Supreme Court Give Drug Manufacturers the Skinny on Induced Infringement?

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The Supreme Court may soon address a recent, pivotal case involving the use of “skinny labels” to avoid inducing infringement in pharmaceutical patent infringement cases. The outcome could clarify whether and how generic drug...more

Jones Day

Bill Seeks to Restrict 30-Month Stay in Hatch-Waxman Litigation to One Patent

Jones Day on

Senate Bill S. 4878 seeks to force innovator pharmaceutical companies to select a single Orange Book listed patent for the 30-month stay. ...more

American Conference Institute (ACI)

[Event] Pharma & Biotech Patent Litigation USA - October 14th - 15th, New York, NY

Attend ACI's inaugural Forum on Pharma & Biotech Patent Litigation USA and garner a winning edge in the high- stakes life sciences patent ligation arena. Get the in-depth and practical information that you need to develop...more

American Conference Institute (ACI)

[Virtual Conference] Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA - October 14th - 30th, 1:00 pm EST

ACI’s virtual Annual Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA equips early-career professionals with the legal and regulatory fluency needed to contribute meaningfully to product strategy and...more

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