Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged pharmaceuticals · clear
Federal Circuit Summaries Before Reyna, Bryson , and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : A petitioner in an Inter Partes Review may introduce new evidence not included in its petition if: 1) the evidence is a reply to evidence…
Federal Circuit Summary Before Wallach , O’Malley, and Schall. Appeal from the Patent Trial and Appeal Board. Summary : PGR petitioner has standing to appeal PTAB decision, where petitioner intended to file an ANDA for the patented product as soon as…
Federal Circuit Summary Before Moore, Mayer, and Stoll . Appeal from the United States District Court for the District of New Jersey. Summary : Plain claim language will not be narrowed based on a patent’s specification unless the patentee clearly…
Federal Circuit Summary Before Prost, Lourie and Hughes. Appeal from the United States District Court for the District of Delaware. Summary : When another patent for a drug issues after an ANDA is filed, there can still be jurisdiction for an infringement…
The PTAB dismissed the Saint Regis Mohawk Tribe’s attempt to avoid IPR of patents covering Restasis®, which Allergan transferred to the Tribe in a highly publicized patent deal. See Allergan and the Saint Regis Mohawk Tribe Enter Patent Agreement…
Federal Circuit Summary In Medicines Co. v. Hospira, Inc., 2014-1469; 2014-1504 (Dyk, Wallach, Hughes), the Federal Circuit affirmed the district court’s finding of non-infringement but reversed the district court’s determination that an…
Federal Circuit Summary Before Taranto, Clevenger, and Stoll . Appeal from the United States District Court for the District of Delaware. Summary : Proceeding to trial despite a party’s violation of a discovery order was not an abuse of discretion…
Written by Peter Law and Kerry S. Taylor, Ph.D. In a creative move to take advantage of recent PTAB decisions regarding Sovereign Immunity, (see e.g., Covidien LP v. University of Florida Research Foundation, IPR2016-01274 and Neochord, Inc. v. University…
Written by Casey D. Donahoe, Ph.D. and Kerry S. Taylor, Ph.D. Hospira (owned by Pfizer) filed five IPR petitions against Genentech patents that Genentech asserted were directed to Herpceptin® (trastuzumab). The PTAB has now instituted IPRs in three of…
Written by Jane Xia and Jing Liu, Ph.D. MILLENNIUM PHARMACEUTICALS, INC. v. SANDOZ INC (Fed. Cir. July 17, 2017) (NEWMAN, Mayer, O’Malley) This case arose out of an ANDA litigation between Millennium and a number of generic-drug companies who sought…
Written by Mark Speegle and Sean Murray Edited by John Sganga , Joseph Cianfrani , and Boris Zelkind On July 14, 2017, in a stunning reversal of fortune, a federal court in San Jose, CA, which had previously set aside a $200 million jury verdict in favor…
Written by Stephanie M. Johnson and Paul Stewart Edited by John Sganga , Joseph Cianfrani , and Boris Zelkind On July 18, 2017, after two years of litigation and a jury trial, a Texas federal court ordered Eli Lilly & Co. (“Eli Lilly”) to pay…
