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Results: 1-10 of 160

Yeda v Rhone: House of Lords rules on patent entitlement

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • November 28 2007

In a recent preliminary ruling in relation to Yeda Research and Development Company Limited v Rhone-Poulenc Rorer International Holdings Inc and others 2007 UKHL 43, the House of Lords were required to rule on whether Yeda was able to amend its pleadings so as to continue the case for entitlement

“Pozzoli windsurfing” tests and problem-and-solution approaches to obviousness

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • April 30 2010

In Actavis UK Ltd v Novartis AG 2010 EWCA Civ 82, the Court of Appeal of England and Wales upheld the decision of Mr Justice Warren that Novartis' European Patent for a sustained release version of a drug was invalid for obviousness over an immediate release formulation

Need more than mouse disclosure and a few CIPs to support human antibody claims

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 31 2011

Reversing a $1.67 billion dollar award (the largest patent infringement award in history) and addressing the issue of whether claims filed in a later continuation-in-part (CIP) application may be rendered invalid for lack of written description because of insufficient disclosure in an earlier application, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s denial of judgment as a matter of law as to invalidity under the 35 U.S.C. 112

NICE drug appraisal process procedural unfairness

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • June 30 2008

In R (on the application of Eisai Ltd) v National Institute for Health and Clinical Excellence 2008 EWCA Civ 438, the UK Court of Appeal ordered the National Institute for Health and Clinical Excellence (NICE) to allow the pharmaceutical manufacturers Eisai and Pfizer access to information on how the NICE committee reached its decision on whether to recommend the prescription of the Alzheimer’s drug ARICEPT

Osteoporosis patents found invalid

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 15 2013

Two osteoporosis treatment patents have been found to be invalid following the ruling by the High Court of England and Wales in Hospira UK Ltd & Anor

Generics challenge to Crestor patent fails

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 31 2013

In a case involving multiple defendants seeking to sell generic versions of the drug rosuvastatin calcium, currently marketed as Crestor, the U

Recital of numerical range does not preclude application of doctrine of equivalents

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 30 2010

Addressing infringement under the doctrine of equivalents, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a grant of summary judgment that the guaifenesin product described by Perrigo’s Abbreviated New Drug Application (ANDA) would not infringe the asserted claims

Occlutech GmbH v AGA Medical Corp: claim construction

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • September 28 2010

Dismissing an appeal from a decision of Mr Justice Mann, the Court of Appeal, in Occlutech GmbH v AGA Medical Corp 2010 EWCA (Civ) 702, has decided that, although in a suitable context the word "clamp" could be understood to carry an extended meaning, in the context of the patent in suit, a "clamp" meant a "clamp" in the everyday sense of the word, and not an all-inclusive term for means of securing things together

Second ANDA filer has jurisdiction in declaratory judgment action

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 30 2012

The U.S. Court of Appeals for the Federal Circuit upheld a finding of subject-matter jurisdiction in a declaratory judgment action brought by a generic, even though the brand drug manufacturer had provided the generic with a covenant not to sue on one of the brand’s Orange Book patents

Fourth Circuit vacates Stark damages award; provides interpretation of key Stark Law provisions

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 19 2012

On March 30, 2012, the U.S. Court of Appeals for the Fourth Circuit published its long-awaited decision in the case of United States ex rel. Drakeford v. Tuomey Healthcare Sys

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