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
- Should ANDA filers be using the PTAB to mount early challenges to OB patents?
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- Judge Hughes concurrence highlights post grant review appeal standing issue for pharma cases
Category: Paragraph IV Cases
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Ortho-McNeil Neurologics, a unit of Johnson & Johnson, announced in a press release today that it won a preliminary injunction against Mylan in its patent infringement case aimed to protect Topamax (topiramate) from generic competition. Topamax, indicated for the treatment of epilepsy and migraines, had U.S. sales of $1.4 billion last year. Judge Stanley R.…
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Pfizer announced in a press release today that the Federal Circuit has denied Ranbaxy’s request for rehearing in the Lipitor patent case between the two companies. On August 2nd of this year, a panel of the Federal Circuit invalidated one of two Pfizer patents on atorvastatin, the active ingredient in Lipitor, but upheld the other…
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Mylan Laboratories announced today that the U.S. District Court for the Western District of Pennsylvania has granted its motion to dismiss U.S. Patent No. 4,572,909 from its case against Pfizer concerning Mylan’s ANDA for generic Norvasc (amlodipine besylate). Pfizer’s U.S. Patent No. 4,879,303 is still in the case. According to Mylan’s press release, the court…
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The U.S. District Court for the Southern District of New York issued an Order earlier this week dismissing the patent case Purdue Pharma brought against Teva to protect Oxycontin from generic competition. Oxycontin, a controlled-release formulation of oxycodone, is a widely-prescribed pain killer with annual sales of $2 billion. The court dismissed the case because…
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Janssen Pharmaceutica, a division of Johnson & Johnson, won its patent infringement case against Mylan and Dr. Reddy’s over generic Risperdal (risperidone), an antipsychotic medication with worldwide sales of $3 billion annually. Judge John C. Liflind of the U.S. District Court for the District of New Jersey held a four-day bench trial in June, and…
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There’s been a lot of news lately in pharmaceutical patent cases. Summaries are below. I’ve updated the Hatch-Waxman Tracker to include the new lawsuits. New lawsuits filed: Biovail Laboratories filed a new lawsuit against Andrx Pharmaceuticals over Andrx’s attempt to market generic Cardizem. Novartis sued Par Pharmaceuticals, the third and most recent company to file…
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Via SCOTUSblog, the Supreme Court today denied review of Apotex v. Pfizer, in which Apotex had asked the Court to consider whether listing patents in the Orange Book creates a justiciable controversy, thereby allowing a generic drug company to file a declaratory judgment action for noninfringement or invalidity. Last May, the Court asked the Solicitor…
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Via SCOTUSblog, Pfizer recently filed a supplemental brief in opposition to Apotex’s petition for certiorari in Apotex v. Pfizer, suggesting that the case is moot. In its cert petition, Apotex asked the Supreme Court decide whether the listing of patent information in the Orange Book creates a justiciable controversy sufficient to form the basis for…
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Takeda v. Mylan and Alphapharm, Nos. 03-8253, 04-1966 (S.D.N.Y. 2006) Judge Denise L. Cote of the U.S. District Court for the Southern District of New York recently awarded attorneys' fees to Takeda Pharmaceutical Company in a case involving Takeda's blockbuster antidiabetic drug, ACTOS (pioglitazone hydrochloride). Judge Cote previously found Takeda's U.S. Patent No. 4,687,777 valid,…
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Sanofi-Aventis and Bristol-Myers Squibb announced in a press release today that the Court of Appeals for the Federal Circuit has refused Apotex’s motion to stay the preliminary injunction against Apotex’s sales of its generic version of Plavix. Additionally, the CAFC established an expedited schedule for Apotex’s appeal of the preliminary injunction order, with oral argument…
