News & Analysis as of

Patent-in-Suit

Benesch

Dialysis & Nephrology Digest - September 2020 #2

Benesch on

Fresenius launches suit against Gland Pharma over pain management drug patent - In a case before the U.S. District Court for the District of New Jersey, Fresenius alleges Gland Pharma infringed on its patent for the pain...more

Haug Partners LLP

Takeda Defeats Motion to Dismiss Patent and Contract Claims

Haug Partners LLP on

On September 9, 2020, Judge Richard G. Andrews of the United States District Court for the District of Delaware ruled in favor of Takeda Pharmaceuticals U.S.A., Inc. in the case Takeda Pharmaceuticals U.S.A., Inc. v. Mylan...more

Troutman Pepper

Federal Circuit Review - Issue 277

Troutman Pepper on

277-1 Federal Circuit Affirms District Court Claim Construction in Foundation Pile Patent Infringement Dispute - The United States Court of Appeal for the Federal Circuit recently upheld the Central District of...more

Robins Kaplan LLP

Celgene Corp. v. Sun Pharma Global FZE

Robins Kaplan LLP on

SUBJECT-MATTER JURISDICTION UNDER THE HATCH-WAXMAN ACT DOES NOT REQUIRE (I) A PARAGRAPH IV CERTIFICATION BY THE ANDA HOLDER; OR (II) THE PATENTS-IN-SUIT TO BE LISTED IN THE ORANGE BOOK. Case Name: Celgene Corp. v. Sun...more

Robins Kaplan LLP

Valeant Pharms Int’l, Inc. v. Mylan Pharms Inc.

Robins Kaplan LLP on

BECAUSE THE PRIOR ART TAUGHT OVERLAPPING PH RANGES AND STRUCTURALLY SIMILAR COMPOUNDS AS THOSE CLAIMED IN THE PATENT-IN-SUIT, THE FEDERAL CIRCUIT REVERSED SUMMARY JUDGMENT OF NON-OBVIOUSNESS. Case Name: Valeant Pharms...more

Robins Kaplan LLP

Somaxon Pharma, Inc. v. Actavis Elizabeth LLC

Robins Kaplan LLP on

THE COURT GRANTED DEFENDANT’S MOTION TO ENFORCE ITS SETTLEMENT AGREEMENT, FINDING THAT THE AGREEMENT WAS NOT ANTICOMPETITIVE AND IN VIOLATION OF ANTITRUST LAW. Case Name: Somaxon Pharma, Inc. v. Actavis Elizabeth LLC, No....more

Robins Kaplan LLP

Biogen Int'l GmbH v. Banner Life Scis. LLC

Robins Kaplan LLP on

BECAUSE DEFENDANT’S NDA PRODUCT DOES NOT INCLUDE ANY SALT OR ESTER OF THE ACTIVE INGREDIENT IN PLAINTIFF’S REFERENCE DRUG, PATENT TERM EXTENSION DID NOT APPLY AND JUDGMENT OF NON-INFRINGEMENT WAS AFFIRMED. Case...more

Proskauer - Minding Your Business

Federal Circuit Issues a Splintered Ruling on the Eleventh Amendment Immunity and Rule 19 Joinder Analysis

On July 24, 2020, a panel of the Court of Appeals for the Federal Circuit issued splintered precedential opinions surrounding the interplay of state sovereign immunity under the Eleventh Amendment and required joinder of...more

Robins Kaplan LLP

Cephalon, Inc. v. Slayback Pharma Ltd.

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THE COURT FOUND THAT DEFENDANTS HAD NOT MET THEIR CLEAR-AND-CONVINCING BURDEN OF PROVING THAT FORMULATION AND METHOD-OF-TREATMENTS PATENTS-IN-SUIT WERE OBVIOUS. Case Name: Cephalon, Inc. v. Slayback Pharma Ltd., No....more

Robins Kaplan LLP

Onyx Therapeutics, Inc. v. Cipla Ltd.

Robins Kaplan LLP on

BECAUSE A POSA WOULD NOT HAVE SELECTED THE PRIOR-ART COMPOUND AS A “LEAD COMPOUND,” AND THERE WAS EVIDENCE THAT THE INVENTION MET AN UNMET NEED AND OVERCAME INDUSTRY SKEPTICISM, DEFENDANT FAILED TO PROVE THAT THE...more

Robins Kaplan LLP

Eagle Pharms. Inc. v. Slayback Pharma LLC

Robins Kaplan LLP on

JUDGMENT OF NON-INFRINGEMENT ON THE PLEADINGS AFFIRMED WHEN DISCLOSURE-DEDICATION DOCTRINE BARRED PATENT OWNER’S CLAIMS FOR INFRINGEMENT UNDER THE DOCTRINE OF EQUIVALENTS. Case Name: Eagle Pharms. Inc. v. Slayback Pharma...more

Robins Kaplan LLP

Biogen Int’l GmbH v. Mylan Pharms. Inc.

Robins Kaplan LLP on

AMENDING CLAIMS AND ADDING INVENTOR TO CLAIM NEW ASPECT OF INVENTION, WITHOUT AMENDING SPECIFICATION, RESULTS IN JUDGMENT OF INVALIDITY FOR LACK OF WRITTEN DESCRIPTION. Case Name: Biogen Int’l GmbH v. Mylan Pharms. Inc.,...more

Robins Kaplan LLP

Ferring Pharms. Inc. v. Lupin Inc.

Robins Kaplan LLP on

BECAUSE THE PROPOSED LABEL OF THE ANDA PRODUCT DID NOT CONTEMPLATE THE CLAIMED TIMEFRAME IN THE ASSERTED PATENT FOR ADMINISTERING THE DRUG, THE COURT GRANTED DEFENDANT’S MOTION FOR JUDGMENT OF NON-INFRINGEMENT ON THE...more

Foley & Lardner LLP

Federal Circuit Finds Significant Contributions For Co-Inventorship

Foley & Lardner LLP on

In Dana-Farber Cancer Institute, Inc. v. Ono Pharm. Co., Ltd., the Federal Circuit agreed with the district court that two inventors should be added to a family of PD-1 cancer treatment patents, even though their...more

Robins Kaplan LLP

Adapt Pharma Operations Ltd. v. Teva Pharms. USA, Inc.

Robins Kaplan LLP on

BECAUSE A SKILLED ARTISAN WOULD HAVE RECOGNIZED THE LIMITATIONS OF ONE PRIOR-ART REFERENCE AND WOULD HAVE BEEN MOTIVATED TO SELECT THE TEACHINGS OF ANOTHER REFERENCE TO OVERCOME THEM, THE PATENTS-IN-SUIT WERE OBVIOUS. Case...more

Robins Kaplan LLP

H. Lundbeck A/S v. Apotex Inc.

Robins Kaplan LLP on

CONVERTING FROM A PIV CERTIFICATION TO A PIII CERTIFICATION DOES NOT RID THE DISTRICT COURT OF SUBJECT MATTER JURISDICTION, BUT IT DOES WARRANT GRANTING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS. Case Name: H....more

Robins Kaplan LLP

New ANDA Cases - Federal district court cases that are filed pursuant to the Hatch-Waxman Act

Robins Kaplan LLP on

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

Fox Rothschild LLP

Following ANDA Trial, Chief Judge Stark Finds Remaining Defendants’ Proposed Drug Products Infringe Asserted Claims Of...

Fox Rothschild LLP on

By Opinion entered by The Honorable Leonard P. Stark in Bristol-Myers Squibb Co. et al v. Aurobindo Pharma USA Inc. et al., Civil Action No. 17-374-LPS (D.Del. August 5, 2020)(consolidated) following a nine (9) day bench...more

Troutman Pepper

Federal Circuit Review - Issue 273

Troutman Pepper on

273-1 Federal Circuit Holds University of Texas is Immune from Involuntary Joiner, Holds Case against Potential Infringer may Proceed in School’s Absence - The Federal Circuit recently affirmed-in-part, reversed-in-part,...more

Jones Day

SCOTUS Says “Fresenius/Simmons Preclusion Principle” Stays Alive

Jones Day on

The Supreme Court recently denied Chrimar Systems, Inc. (Chrimar)’s petition for certiorari seeking to overturn the Federal Circuit’s “Fresenius/Simmons preclusion principle,” under which Chrimar’s district court victory...more

Goodwin

Divided Federal Circuit Affirms Result in Immunex v. Sandoz Etanercept Litigation

Goodwin on

We previously reported on the decision by the District of New Jersey (Cecchi, J.) to uphold the validity of U.S. Patent No. 8,063,182, related to “the fusion protein etanercept, the active ingredient in Immunex’s product...more

Foley & Lardner LLP

INSIGHT: Biogen Decision Shows Need for Clinical, Legal Collaboration

Foley & Lardner LLP on

In Biogen International GmbH v. Banner Life Sciences LLC, a panel of the U.S. Court of Appeals for the Federal Circuit (CAFC) held that the scope of a patent term restoration under 35 U.S.C. §156 only includes the active...more

Robins Kaplan LLP

Amgen Inc. v. Amneal Pharms. LLC

Robins Kaplan LLP on

Case Name: Amgen Inc. v. Amneal Pharms. LLC, 2018-2414, 2019-1086, 2020 U.S. App. LEXIS (Fed. Cir. Jan. 7, 2020) (Circuit Judges Newman, Lourie, and Taranto presiding; Opinion by Lourie, J.) (Appeal from D. Del., Goldberg,...more

Robins Kaplan LLP

Biogen Int’l GmbH v. Banner Life Sciences LLC

Robins Kaplan LLP on

Case Name: Biogen Int’l GmbH v. Banner Life Sciences LLC, No. 18-2054-LPS, 2020 U.S. Dist. LEXIS 3639 (D. Del. Jan. 7, 2020) (Stark, J.)....more

Robins Kaplan LLP

Hospira, Inc. v. Fresenius Kabi USA, LLC

Robins Kaplan LLP on

Case Name: Hospira, Inc. v. Fresenius Kabi USA, LLC, 946 F.3d 1322 (Fed. Cir. Jan. 9, 2020) (Circuit Judges Lourie, Dyk, and Moore presiding; Opinion by Lourie, J.) (Appeal from N.D. Ill., Pallmeyer, J.)....more

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