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Federal Circuit affirms award of attorneys’ fees for litigation misconduct

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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April 28 2009

In ICU Medical, Inc. v. Alaris Medical Systems, Inc., No. 08-1077 (Fed. Cir. Mar. 13, 2009), the Federal Circuit held that the district court correctly granted SJ of noninfringement and SJ of invalidity, did not commit clear error in awarding attorneys fees, and did not abuse its discretion in granting Rule 11 sanctionsall in favor of Alaris Medical Systems, Inc. (“Alaris”

Variations on a theme: five proposed abbreviated approval pathways for biogenerics

Fitzpatrick, Cella, Harper & Scinto
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USA
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May 5 2009

In the pharmaceutical context, the term "biologics" generally refers to protein-based medicines that are made in living cells, such as insulin and human growth hormone

District court denies all challenges to FDA decision concerning rights to market and sell generic versions of Pfizer’s Norvasc

McDermott Will & Emery
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USA
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May 30 2007

In a case involving generic versions of Pfizer’s high blood pressure drug Norvasc (amlodipine besylate) and the availability and applicability of both 180-day generic drug exclusivity and pediatric exclusivity the United States District Court for the District of Columbia denied all requests for preliminary injunction related to amlodipine besylate tablets and supported the U.S. Food and Drug Administration’s (FDA) position concerning Mylan’s current status as holder of the only approved Abbreviated New Drug Application (ANDA) for all strengths of this product

Product inherently anticipates process despite lack of disclosure on necessary conditions

McDermott Will & Emery
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USA
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May 30 2007

Over a vigorous dissent that shed light on the Court’s divergent inherent anticipation jurisprudence, a panel majority of the U.S. Court of Appeals for the Federal Circuit affirmed a finding of invalidity based on anticipation by inherency

Federal Court of Appeal ups the ante for patentees litigating under the PM(NOC) Regulations

Norton Rose Canada LLP
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USA
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May 31 2007

In Sanofi-Aventis Canada Inc. v. Novopharm Limited 2007 FCA 163 the Federal Court of Appeal has decided that a patentee who unsuccessfully challenges an allegation made by a generic drug manufacturer under the PM(NOC) Regulations cannot re-litigate the same allegation made by any subsequent generic drug manufacturer

FTC implements new legal strategy in judicial challenge to patent settlement

Hogan Lovells
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USA
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May 7 2009

On February 2 2009 the Federal Trade Commission (FTC) filed its latest challenge to a patent litigation settlement involving a so-called 'reverse payment'

Federal Circuit vacates permanent injunction in favor of court-imposed running royalty

McDermott Will & Emery
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USA
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February 29 2008

The U.S. Court of Appeals for the Federal Circuit recently addressed a multitude of issues and vacated an injunction against Abbott Laboratories while upholding in part a ruling that Abbott infringed an Innogenetics patent for detecting and classifying hepatitis C virus genotypes

Patentee cannot import features of preferred embodiment into claims

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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May 31 2007

In Acumed LLC v. Stryker Corp., Nos. 06-1260, -1437 (Fed. Cir. Apr. 12, 2007), the Federal Circuit affirmed the district court’s findings of infringement and willfulness, but vacated the permanent injunction issued against Stryker Corporation (“Stryker”) and remanded the case for reconsideration in light of the Supreme Court’s decision in eBay Inc. v. MercExchange

Pursuing Supreme Court strategy, FTC challenges pharmaceutical patent settlements in federal court

Jones Day
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USA
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February 4 2009

On February 2, 2009, the Federal Trade Commission filed an antitrust challenge to yet another patent infringement litigation settlement agreement between a pharmaceutical patentholder and the alleged infringers

Pharmaceutical trademarks

King & Spalding LLP
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USA
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August 30 2009

Pharmaceutical trademarks must clear a number of hurdles, including distinct and independent reviews by the US Patent and Trademark Office and the Food and Drug Administration

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Search results

Federal Circuit affirms award of attorneys’ fees for litigation misconduct

Variations on a theme: five proposed abbreviated approval pathways for biogenerics

District court denies all challenges to FDA decision concerning rights to market and sell generic versions of Pfizer’s Norvasc

Product inherently anticipates process despite lack of disclosure on necessary conditions

Federal Court of Appeal ups the ante for patentees litigating under the PM(NOC) Regulations

FTC implements new legal strategy in judicial challenge to patent settlement

Federal Circuit vacates permanent injunction in favor of court-imposed running royalty

Patentee cannot import features of preferred embodiment into claims

Pursuing Supreme Court strategy, FTC challenges pharmaceutical patent settlements in federal court

Pharmaceutical trademarks

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