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Dismissal Demonstrates Need for Clarity on BPCIA Disclosure Steps

USA - March 13 2017 On March 1, Judge Sleet of the District of Delaware granted Amgen’s Motion to Dismiss for lack of subject matter jurisdiction Genentech’s Complaint…

Jenny Shmuel.

REMICADE® Cell Powder Trial Postponed While Court Addresses Standing and BPCIA Remedies

USA - March 3 2017 A jury trial originally scheduled for February 13, 2017 in the District of Massachusetts (Janssen v. Celltrion, C.A. No. 1:15-cv-10698) has been…

Jenny Shmuel.

Mixed Results When New Attribution Standard is Put to the Test with Life Science Divided-Actor Method Claims

USA - March 3 2017 In the wake of Mayo and Myriad, life science patent drafters may consider coupling method claim treatment steps with sampling and diagnosing steps to…

Elizabeth M. Flanagan, Tasha M. Francis.

Biosimilar Litigants Dispute Probative Value of Statements Exchanged During the Patent Dance

USA - February 27 2017 Patent owner Amgen has appealed to the Federal Circuit seeking to overturn a non-infringement ruling with respect to Apotex's manufacturing processes…

Jenny Shmuel.

Biosimilar Litigants Square Off Before the Supreme Court

USA - February 16 2017 Last week, Sandoz filed its opening Supreme Court brief, asking the Court to determine (1) whether notice of commercial marketing under Subsection…

Tasha M. Francis, Jenny Shmuel.