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Results: 11-20 of 1,760

Hikma Successfully Moves to Dismiss Takeda’s Induced Infringement Claims after Commercially Launching Its Mitigare Drug for the Prevention of Gout Flares
  • McDermott Will & Emery
  • USA
  • November 11 2016

Upon remand from the US Court of Appeals for the Federal Circuit, the US District Court for the District of Delaware dismissed Takeda's claim of


Northern District of California Dismisses Claims that Gilead Violated the Antitrust Laws in Seeking to Protect its Position on HIV Drug
  • McDermott Will & Emery
  • USA
  • November 11 2016

Ruling on a motion to dismiss, the US District Court for the Northern District of California dismissed AIDS Healthcare's antitrust claims alleging


Second Circuit: No Valid Sherman Act Claim Where Citizen Petition Denied Contemporaneously with ANDA Approval
  • McDermott Will & Emery
  • USA
  • November 11 2016

The US Court of Appeals for the Second Circuit held that a pharmaceutical manufacturer failed to state a Sherman Act Section Two claim because the


Section 271(e)(2) Only Applies to Patents That Have Issued as of the ANDA Filing Date
  • McDermott Will & Emery
  • USA
  • November 11 2016

Addressing for the first time the issue of whether 271(e)(2) applies to a patent that issued years after an abbreviated new drug application


Infringement under the Doctrine of Equivalents
  • McDermott Will & Emery
  • USA
  • November 11 2016

The US Court of Appeals for the Federal Circuit affirmed the finding of infringement from the US District Court for the District of Delaware under


GSK Survived Teva’s Third Motion to Dismiss Allegations of Indirect Infringement because of the Totality of Teva’s Skinny Label
  • McDermott Will & Emery
  • USA
  • November 11 2016

In this ongoing patent infringement case, Magistrate Judge Burke issued a report and recommendation to deny Teva's Rule 12(b)(6) motion to dismiss


Preamble Expressing the Intended Result of a Method of Treatment Is Not Limiting
  • McDermott Will & Emery
  • USA
  • November 11 2016

In construing a claim involving a method for treating obesity, the US District Court for the District of Delaware determined that a phrase in the


Three-Year Exclusivity Bar Only Blocks Subsequent Applications for Drugs with the Same Active Moiety
  • McDermott Will & Emery
  • USA
  • November 11 2016

Addressing a question of statutory interpretation regarding the meaning of the applicable exclusivity provisions of the Federal Food, Drug, and


Post-Trial Findings - Not So Obvious
  • McDermott Will & Emery
  • USA
  • November 11 2016

Upholding the validity of Bayer's patent covering orally disintegrating tablet (ODT) formulations of vardenafil hydrochloride trihydrate, the US


On-Sale Bar Is No Bar for Selling Manufacturing Services to the Inventor
  • McDermott Will & Emery
  • USA
  • November 11 2016

Addressing what constitutes an invalidating “sale” under 102(b), the US