Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged pharmaceuticals · clear
A couple of weeks ago we released our second annual ANDA Litigation Intelligence Report where we covered the rankings, statistics, and comprehensive analysis of ANDA and Hatch-Waxman stakeholders. We couldn't help but notice the decline in ANDA filing…
ELI LILLY AND COMPANY v. TEVA PHARMACEUTICALS Before Lourie, Bryson and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: In claims for methods of using apparatuses or compositions, statements of intended purpose in a preamble tend to…
GLAXOSMITHKLINE LLC v. TEVA PHARMACEUTICALS USA, INC. [OPINION] – PRECEDENTIAL Before Moore, Newman, Prost (dissent). Panel rehearing of an appeal from the U.S. District Court for the District of Delaware Summary: Substantial evidence supported the…
VALEANT PHARMACEUTICALS v. MYLAN PHARMACEUTICALS Before Newman, O’Malley, and Taranto. Appeal from the District Court of New Jersey Summary: Venue in Hatch-Waxman cases is proper only in districts where actions related to the Abbreviated New Drug…
GLAXOSMITHKLINE LLC v. TEVA PHARMACEUTICALS USA, INC. [OPINION] – PRECEDENTIAL Before Prost, Newman, and Moore. Appeal from the U.S. District Court for the District of Delaware Summary: Evidence of inducement for a method of administering a drug is…
IBSA INSTITUT BIOCHIMIQUE, S.A. V. TEVA PHARMACEUTICALS USA, INC. Before Prost, Reyna, and Hughes. Appeal from the District Court of Delaware Summary: A term may be indefinite when the proposed construction is not supported by the record and the meaning is…
TAKEDA PHARMACEUTICALS U.S.A., INC. V. MYLAN PHARMACEUTICALS INC. Before Prost, Newman, and Hughes. Appeal from the United States District Court for the District of Delaware Summary: The scope of a contract term may not be interpreted to render a provision…
EAGLE PHARMACEUTICALS INC. V. SLAYBACK PHARMA LLC. Before O’Malley, Reyna, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: The disclosure-dedication doctrine precludes infringement under doctrine of…
BIOGEN INTERNATIONAL GMBH v. BANNER LIFE SCIENCES LLC Before Lourie, Moore, and Chen. Appeal from the U.S. District Court for the District of Delaware Summary: If a claimed product is not the active ingredient of an FDA-approved product, or an ester or…
VALEANT PHARMACEUTICALS INTL. v. MYLAN PHARMACEUTICALS INC. Before Lourie, Reyna, and Hughes. Appeal from the United States District Court for the District of New Jersey. Summary: Prior art ranges for solutions of structurally and functionally similar…
KAKEN PHARMCEUTICAL CO., LTD., BAUSCH HEALTH COMPLAINTS INC., V. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADE MARK OFFICE Judges: Newman, O’Malley, and Taranto. Appeal from the…
In Galderma Labs. v. Teva Pharm. USA, Inc. , Appeal Nos. 2019-2396 and 2020-1213 (Fed. Cir,. January 29, 2020), a Fed. Cir. panel of Judges Moore, O’Malley and Stoll reversed a district court finding that three Galderma patents (US Pat. Nos.…
