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Patent Infringement Cause of Action Accrual

Smart & Biggar

Federal Court denies motion to add infringement counterclaim to ustekinumab impeachment action

Smart & Biggar on

After filing a new drug submission for its ustekinumab biosimilar PYZCHIVA (Janssen’s STELARA), Samsung commenced the underlying action against Janssen for impeachment of Canadian Patent No. 3,113,837. Janssen sought to add a...more

Smart & Biggar

Eli Lilly granted leave to add new cause of action of direct infringement of "composition for use" claims, absent allegation of...

Smart & Biggar on

(Updated October 1, 2019) - On July 3, 2019, Eli Lilly was granted leave to amend its pleadings to introduce a new cause of action for direct infringement of claims relating to a new use without including an allegation of...more

Jones Day

Recovery of Damages Under Innovation Patents in Australia

Jones Day on

The Full Court of the Federal Court of Australia has redrawn the boundary lines for the recovery of damages for infringement of innovation patents. In Coretell Pty Ltd v Australian Mud Co Pty Ltd [2017] FCAFC 54 ("Coretell"),...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re TC Heartland (Fed. Cir. 2016)

"You Can Arrange the Menu, the Venue, the Seating" The above slightly-modified quote is from a lyric sung by Thomas Jefferson in the Tony-award nominated musical "Hamilton" (with apologies to Lin Manual Miranda) -- the...more

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