On March 30, the U.S. Supreme Court will hear argument in three consolidated cases involving injury allegedly caused by generic versions of the prescription drug Reglan (metoclopramide): Pliva v. Mensing, U.S., No. 09-993, Actavis Elizabeth LLC v. Mensing, U.S., No. 09-1039, and Actavis Inc. v. Demahy, U.S., No. 09-1501.
In a consolidated case on appeal from two separate jurisdictions, the Federal Circuit overruled an earlier decision to resolve a conflict regarding product-byprocess infringement claims.
The Federal Circuit recently held that a unilateral covenant not to sue a competitor did not prevent a generic drug applicant from bringing a declaratory judgment action challenging the brand company’s patent.