Recent Posts
- Hikma v. Vanda: Oral Argument Recap
- Teva v. Lilly should not be read as creating a new 112 rule for method of use claims
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- Judge Hughes concurrence highlights post grant review appeal standing issue for pharma cases
Category: 271(e)(2) Jurisdiction
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Valeant v. Mylan, No. 19-2402 (Fed. Cir.) by Alex Menchaca In a precedential decision last week, the Federal Circuit settled how the Supreme Court's TC Heartland decision bears on venue issues in Hatch-Waxman litigation. Valeant details the court's pre-TC Heartland patent venue jurisprudence when venue for patent infringement cases could be established by…
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Merck Sharp & Dohme Corp. v. Sandoz Inc., No. 12-3289 (D.N.J. 2013) by Katherine H. Johnson In an opinion issued earlier this month, Defendants moved to dismiss for lack of subject matter jurisdiction with respect to one of two asserted patents in a lawsuit involving generic versions of EMEND (fosaprepitant dimeglumine) for injection. Merck…
