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Teva v Gilead: AG rejects core inventive advance and scope of protection tests
  • Allen & Overy LLP
  • United Kingdom, European Union
  • April 30 2018

If the CJEU adopts AG Wathelet’s opinion, it will likely be more difficult for patentees to satisfy Art 3(a) SPC Regulation. AG Wathelet expressly

Federal Court Dismisses CFAA Claims Against Former Executive, Allows CFAA and DTSA Claims Against Competitor in Pharmaceuticals Trade Secret Dispute
  • Seyfarth Shaw LLP
  • USA
  • April 18 2018

A recent decision from the Eastern District of Pennsylvania reinforces the importance of the timing of purported misconduct in alleged violations of

Judge Stark (D. Del.) Holds Generic Label is Insufficient to Prove Induced Infringement
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • April 9 2018

Following a seven-day trial last year, a jury found that Teva willfully induced infringement of claims of U.S. Patent

"Impossibility Preemption" Remains Alive and Well in Missouri for Generic Drug Manufacturers
  • Baker Sterchi Cowden & Rice LLC
  • USA
  • April 6 2018

“Impossibility preemption” applies to bar tort claims where it is impossible for a party to comply with both state and federal law. In the recent

Tribal sovereign immunity does not apply to PTAB proceedings
  • Baker Donelson Bearman Caldwell & Berkowitz PC
  • USA
  • March 7 2018

On February 23 2018 a panel of three administrative patent judges at the Patent Trial and Appeal Board (PTAB) unanimously agreed that tribal sovereign

Genentech’s Carter ’213 Patent Asserted and Challenged
  • Rothwell, Figg, Ernst & Manbeck, PC
  • USA
  • March 5 2018

In October, we reported on a growing number of IPR challenges to Genentech’s U.S. Patent No. 6,407,213 (“the ʼ213 patent”) to Carter. The ’213 patent

Federal Court of Appeal dismisses Teva’s levofloxacin damages appeal
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • February 28 2018

On February 8, 2018, the Federal Court of Appeal issued public reasons for its decision dismissing Teva’s appeal relating to the damages and costs

Teva takes top spot from Samsung as the most targeted defendant in patent litigation in 2017
  • IAM
  • USA
  • February 8 2018

Teva was the most targeted company in US patent lawsuits last year taking the top spot from Samsung as pharmaceutical companies featured heavily in

Patent Litigation Update
  • Whitney Moore
  • United Kingdom
  • February 5 2018

It continues to be a busy time for patent litigation. The following is a brief update of recent Commercial Court Preliminary Injunction Hearings:

Evolving how English courts construe written commercial contracts (Teva v AstraZeneca)
  • Bristows LLP
  • United Kingdom
  • January 24 2018

Teva v AstraZeneca 2017 EWCA Civ 2135 is the latest case in a line of cases showing the way in which English courts construe written commercial