In Endo Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit reversed a decision by the U.S. District Court for the District of Delaware holding the claims of U.S. Patent No. 8,808,737 to be ineligible...more
A bill introduced in the House last July by Rep. Lloyd Doggett (D-TX) (at right), which could adversely impact pharmaceutical manufacturers holding drug patents, is starting to draw the attention of those outside the patent...more
Last week, in Supernus Pharmaceuticals, Inc. v. Iancu, the Federal Circuit reversed the entry of summary judgment by the District Court for the Eastern District of Virginia, which concluded that the U.S. Patent and Trademark...more
Last month, in Supernus Pharmaceuticals, Inc. v. TWi Pharmaceuticals, Inc., the Federal Circuit affirmed a decision by the U.S. District Court for the District of New Jersey finding that U.S. Patent Nos. 7,722,898; 7,910,131;...more
In a memorandum distributed to the patent examining corps last month by Robert W. Bahr, Deputy Commissioner for Patent Examination Policy at the U.S. Patent and Trademark Office, the Office addresses a recent decision by the...more
On Monday, May 14, 2018, the Federal Circuit affirmed the determination by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board in an inter partes review that claim 6 of U.S. Patent No. 7,582,621 is...more
Last week, the Federal Circuit affirmed the grant of summary judgment by the District Court for the Eastern District of Virginia in favor of the U.S. Patent and Trademark Office with respect to the USPTO's determination of...more
After reflecting upon the events of the past twelve months, Patent Docs presents its 11th annual list of top patent stories. For 2017, we identified nineteen stories that were covered on Patent Docs last year that we believe...more
1/8/2018
/ BPCIA ,
Impression Products v Lexmark International ,
Life Technologies Corp v Promega Corp ,
Patent Applications ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Sandoz v Amgen ,
SCOTUS ,
Trans-Pacific Partnership
In an appeal decided last month, the Federal Circuit affirmed a decision by the District Court for the Southern District of Indiana finding claim 20 of U.S. Patent No. 8,435,944 to be invalid as obvious. The panel also...more
Last year, two biotech companies announced that they had received institutional review board (IRB) approval for a study focused on the clinical intervention of brain death in humans. The study, entitled "Non-randomized,...more
District Court Finds Claims Directed to Method for Analyzing Enoxaparin Sample to Be Patent Eligible -
Last month, in Momenta Pharmaceuticals, Inc. v. Amphastar Pharmaceuticals, Inc., District Judge Nathaniel M. Gorton of...more
District Court Finds Diagnostic Claims to Be Directed to Patent Ineligible Subject Matter -
Last week, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, District Judge Indira Talwani of the U.S. District...more
District Court Overrules Defendants' Objections to Magistrate's Report on Lost Profits -
Earlier this month, in GlaxoSmithKline LLC v. Glenmark Pharmaceuticals Inc., U.S. District Judge Leonard P. Stark of the U.S....more
Last month, in Par Pharmaceutical, Inc. v. Luitpold Pharmaceuticals, Inc., Senior District Judge William H. Walls of the U.S. District Court for the District of New Jersey issued an amended opinion granting the motion for...more
Last month, in In re Depomed, Inc., the Federal Circuit affirmed the determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board that two instituted grounds in an inter partes review rendered claims 1,...more
Magistrate Recommends That Defendants' Motion to Dismiss Be Allowed for Kit Claims and Denied for Method Claims -
Last month, in Oxford Immunotec Ltd. v. Qiagen, Inc., Magistrate Judge Donald L. Cabell of the U.S....more
Last month, we reported on letters sent by two Senators and fifteen Representatives to the U.S. Trade Representative, seeking clarification regarding the Administration's position on compulsory licenses. The letters were...more
A report issued by PwC's Health Research Institute (HRI) in June projects next year's medical cost trend (i.e., the projected percentage increase in the cost to treat patients) to be 6.5%, which is level to the medical cost...more
On July 5, 2016, we reported on two letters sent by two Senators and fifteen Representatives to Michael Froman, the U.S. Trade Representative ("USTR"), seeking clarification regarding the Administration's position on...more
Last month, we reported on a letter sent by three Colombian organizations to the Chairman of the World Health Organization (WHO) 2016 Consultative Expert Working Group on Research and Development: Financing and Coordination...more
In a letter sent to members of Congress earlier this month, 58 public health organizations urged Congress to reject the Trans-Pacific Partnership (TPP) in its current form, stating that the coalition was "alarmed by the...more
On March 28, 2016, a dozen members of Congress sent a letter to Sylvia Mathews Burwell, the Secretary of the Department of Health and Human Services, and Dr. Francis Collins, the Director of the National Institutes of Health...more
In a letter sent earlier this month to Secretary Sylvia Mathews Burwell of the U.S. Department of Health & Human Services and Director Francis S. Collins of the National Institutes of Health, fifty members of the U.S. House...more
Last month, in a letter to the Senate and House Committees on the Judiciary, 101 patient organizations expressed "concern[] that, as currently written, H.R. 9 [the Innovation Act] falls short of preserving important patent...more
10/12/2015
/ Abuse of Process ,
Biologics ,
BPCIA ,
Congressional Committees ,
FDA Approval ,
Generic Drugs ,
Hatch-Waxman ,
Innovation ,
Innovation Act ,
Inter Partes Review (IPR) Proceeding ,
Medical Research ,
Patent Litigation ,
Patent Trolls ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents
Last week, in Eli Lilly and Company v. Teva Parenteral Medicines, Inc., Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana determined that Eli Lilly and Company had shown by a...more
9/2/2015
/ Abbreviated New Drug Application (ANDA) ,
Induced Infringement ,
Labeling ,
Limelight v Akamai ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
SCOTUS