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Rehearing Denied in Federal Circuit Hatch-Waxman Venue Case

The Federal Circuit has spoken.  In a per curiam opinion, it denied Valeant’s petition for rehearing by the panel and rehearing en banc.  A case watched closely by the biotechnology and pharmaceutical industries, the Federal...more

Opposition to Rehearing Filed in Major Federal Circuit Case Narrowing Hatch-Waxman Venue

Last week, Mylan filed a brief in opposition to Valeant’s petition for rehearing en banc in Valeant Pharms. N. Am. LLC v. Mylan Pharms. Inc., No. 2019-2402. In November, a Federal Circuit panel held that venue in Hatch-Waxman...more

Rehearing Requested in Major Federal Circuit Case Narrowing Venue in Hatch-Waxman Cases

Earlier this month, Valeant Pharmaceuticals North America LLC (“Valeant”) filed a petition for rehearing en banc in Valeant Pharms. N. Am. LLC v. Mylan Pharms. Inc., No. 2019-2402, arguing that the Federal Circuit panel’s...more

For the First Time Since TC Heartland, the Federal Circuit Addresses Venue in an ANDA Case – the Holding May Also Impact BPCIA...

On November 5, 2020, in Valeant Pharms. N. Am. LLC v. Mylan Pharms. Inc., No. 2019-2402, the Federal Circuit held that venue in Hatch-Waxman cases brought under 35 U.S.C. § 271(e)(2)(A) is proper “only in districts where...more

Mylan and Biocon Launch Herceptin (trasuzumab) Biosimilar Ogivri™ in U.S.

Last week, Mylan and Biocon announced the U.S. launch of Ogivri™ (trasuzumab-dkst), a biosimilar to Herceptin® (trasuzumab). ...more

Federal Circuit Rejects Tribal Sovereign Immunity to IPRs

Allergan’s attempt to shield its Restasis patents from inter partes review by assigning the patents to the Saint Regis Mohawk Tribe was rejected last week by a unanimous Federal Circuit panel. The Federal Circuit affirmed...more

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