Case Name: UCB, Inc. v. Watson Labs. Inc., Nos. 2018-1397, 2018-1453, 2019 U.S. App. LEXIS 18700 (Fed. Cir. June 24, 2019) (Circuit Judges Taranto, Schall, and Chen presiding; Opinion by Chen, J.) (Appeal from D. Del., Stark,...more
Case Name: Alcon Research, Ltd. v. Watson Labs., Inc., No. 15-1159, 2018 U.S. Dist. LEXIS 33057 (D. Del. Mar. 1, 2018) (Sleet, J.)....more
Case Name: Bayer Pharma AG v. Watson Labs., Inc., 874 F.3d 1316, No. 2016-2169, 2017 U.S. App. LEXIS 21705 (Fed. Cir. Nov. 1, 2017) (Circuit Judges Lourie, Moore, and O’Malley presiding; Opinion by Moore, J.) (Appeal from D....more
Case Name: Sanofi v. Watson Labs. Inc., Nos. 875 F.3d 636, Nos. 2016-2722, 2016-2726, 2017 U.S. App. LEXIS 22438 (Fed. Cir. Nov. 9, 2017) (Circuit Judges Prost, Wallach, and Taranto presiding; Opinion by Taranto, J.) (Appeal...more
Case Name: Shire Development, LLC v. Watson Pharms., Inc., No. 2016-1785, 848 F.3d 981 (Fed. Cir. Feb. 10, 2017) (Circuit Judges Prost, Taranto, and Hughes presiding; Opinion by Hughes, J.) (appeal from S.D. Fla.,...more
Case Name: Bayer Pharma AG v. Watson Labs., Inc., 12-1726-LPS, 2016 U.S. Dist. LEXIS 179103 (D. Del. Dec. 28, 2016) (Stark, J.). Drug Product and Patent(s)-in-Suit: Natazia® (estradiol valerate/estradiol...more
Case Name: Bayer Pharma AG v. Watson Labs., Inc., Case No. 12-1726-LPS, 2016 U.S. Dist. LEXIS 96267 (D. Del. July 18, 2016) - Drug Product and Patent(s)-in-Suit: Natazia® (estradiol valerate / dienogest); U.S. Patent No....more
Case Name: Bayer Pharma AG v. Watson Labs., Inc., Civ. No. 12-cv-517 (GMS), 2016 U.S. Dist. LEXIS 55752 (D. Del. Apr. 27, 2016) (Sleet, J.) - Drug Product and Patent(s)-in-Suit: Staxyn® (vardenafil hydrochloride...more
Case Name: Bayer Pharma AG v. Watson Labs., Inc., Civ. No. 12-cv-517 (GMS), 2016 U.S. Dist. LEXIS 57888 (D. Del. May 2, 2016) (Sleet, J.) - Drug Product and U.S. Patent(s)-in-Suit: Staxyn® and Levitra® (vardenafil...more
Case Name: Ferring B.V. v. Actavis, Inc., Civil No. 15-4222 (SRC)(CLW), 2016 U.S. Dist. LEXIS 69328 (D.N.J. May 26, 2016) (Chesler, J.) - Drug Product and Patents-in-Suit: Lysteda® (tranexamic acid); U.S. Patent No....more
Case Name: Reckitt Benckiser Pharms, Inc. v. Watson Labs., Inc., Civil No. 13-1674-RGA, 2016 U.S. Dist. LEXIS 72391 (D. Del. June 3, 2016) (Andrews, J.) - Drug Product and Patent(s)-in-Suit: Suboxone® (buprenorphine HCl...more
Case Name: Merck & Cie v. Watson Labs., Inc., 2015-2063, -2064, 2016 U.S. App. LEXIS 8782 (Fed. Cir. May 13, 2016) (Circuit Judges Dyk, Mayer, and Hughes presiding; Opinion by Mayer, J.) (Appeal from D. Del., Andrews, J.) - ...more
In Merck & CIE v. Watson Laboratories, Inc., the Federal Circuit found communications between Merck and a potential joint venture partner amounted to a commercial offer to sell that invalidated the Orange Book-listed folate...more
Courts continue to evaluate the degree to which “reverse payments” are permitted post-Actavis. In the latest of these decisions, issued on February 22, 2016, the First Circuit held that non-cash payments may run afoul of the...more
Case Name: Merck & CIE v. Watson Labs., Inc., Civ. Nos. 13-978-RGA, 13-1272-RGA, 2015 U.S. Dist. LEXIS 115245 (D. Del. Aug. 31, 2015) (Andrews, J.) - Drug Product and Patent(s)-in-Suit: Safyral® and Beyaz®...more
Apls South, LLC v. Ohio Willow Wood Co. (No. 2013-1452, -1488, 2014-1147, -1426, 6/5/15) (Lourie, Moore, Chen) - Chen, J. Vacating judgment and remanding with instructions to dismiss due to lack of standing. “Precedent...more
Robinson, J. Claim construction opinion issues regarding three disputed terms from four patents-in-suit. The court construes the following disputed terms...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Supernus Pharmaceuticals, Inc. v. Actavis Inc. et al. 1:15-cv-02499; filed April 7, 2015 in the District Court of New...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Gilead Sciences Inc. et al. v. Watson Laboratories Inc. et al. 1:15-cv-00289; filed April 1, 2015 in the District...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Pfizer Inc. et al. v. Mylan Inc. et al. 1:15-cv-00026; filed January 8, 2015 in the District Court of Delaware. •...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Pharmaceuticals Corp. et al. v. Roxane Laboratories Inc. 1:14-cv-01508; filed December 23, 2014 in the District...more
Nature of the Case and Issue(s) Presented: The patents-in-suit claim oral dosage forms and method of treating menorrhagia and require three elements: (i) about 650 mg of tranexamic acid; (ii) a so-called modified release...more
Ferring B.V. v. Watson Labs., Inc. - In Hatch-Waxman litigation that involved Abbreviated New Drug Applications (ANDAs) that were silent as to certain claimed limitations, the U.S. Court of Appeals for the Federal...more
In a recent decision, the Court of Appeals for the Third Circuit eliminated the presumption of irreparable harm for Lanham Act plaintiffs seeking preliminary injunctive relief. In Ferring Pharms., Inc. v. Watson Pharms.,...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. UCB Inc. et al. v. Watson Laboratories Inc. (NV) et al. 1:14-cv-01083; filed August 21, 2014 in the District Court of...more