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Mason Hayes & Curran LLP | Ireland, United Kingdom | 1 Sep 2023
Navigating Forms of Cross-Undertaking Applications
The Irish High Court granted an injunction in February 2023 in favour of Bristol-Myers Squibb (BMS), a global biopharmaceutical company, against Teva…
Smart & Biggar | Canada | 24 May 2023
Apotex's section 8 claim for apo-atomoxetine dismissed
The Ontario Superior Court of Justice recently dismissed Apotex's claim under section 8 of the Patented Medicines (Notice of Compliance) Regulations relating to apo-atomoxetine (Lilly's Strattera) and Canadian patent No. 2,209,735. The Court had to consider whether Apotex was entitled to section 8 damages and whether Apotex would have entered the market earlier in the hypothetical world than......
Smart & Biggar | Canada | 15 May 2023
Federal Court of Appeal finds Teva would directly infringe and induce infringement of Janssen's paliperidone palmitate patent
The Federal Court previously found that Teva would directly infringe but not induce infringement of certain claims of Canadian Patent No. 2,655,335 regarding its paliperidone palmitate product and that the claims were not obvious. Teva appealed on obviousness and direct infringement, and Janssen cross-appealed on the finding that Teva would not induce infringement. The Federal Court of Appeal......
Bird & Bird LLP | European Union, Italy | 5 Oct 2021
Year in review: notable 2020 Patent Cases in Italy
The Supreme Court held that prosecution history estoppel has no legal basis in the Italian patent law system. The assessment of patent infringement…
Edgeworth Economics | USA | 24 Jul 2020
Lamictal and the Myth of “Generic” “Pay-for-Delay” Cases
On April 22, 2020, the US Court of Appeals for the Third Circuit overturned a district court decision certifying a class of direct purchaser…
Loeb & Loeb LLP | USA | 9 Jan 2020
Teva Sales and Marketing Inc. Settlement Agreement
Teva Sales and Marketing Inc, (a subsidiary of Teva Pharmaceuticals) agreed Dec. 28, 2019, to pay $54 million to resolve claims brought by two…
S Horowitz & Co | Israel | 22 Jul 2019
Not worth its salt: Merck's patent application covering JANUVIA® does not survive Teva's opposition
In a decision rendered earlier this month, the Deputy Commissioner of Patents, Jacqueline Bracha, allowed an opposition filed by Teva…
Dilworth IP | USA | 7 May 2019
Pain Treatment, Kidney Failure, and §101
In Endo Pharmaceuticals Inc. v. Teva the Federal Circuit has further clarified the patent eligibility of treatment methods which include natural…
Harness, Dickey & Pierce, PLC | USA | 30 Apr 2019
Prior User Defense Protects Trade Secret Owners Whose Secret is Patented by Another
The inventor of new technology has two choices for protection: patents or trade secrets. They are generally mutually exclusive, because the…
DLA Piper | USA | 11 Apr 2019
Supreme Court Corner Q1 2019
In celebration of the 10th anniversary of IPT News, we note that 10 years ago, in the first quarter of 2009, Bernard L. Bilski filed his petition in…
