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Federal Circuit affirms district court finding of no induced or contributory infringement of generic depression drug

In H. Lundbeck A-S v. Lupin Ltd., Case No. 2022-1194 (Fed. Circ. December 7, 2023), Plaintiffs, H. Lundbeck A/S (“Lundbeck”) and Takeda Pharmaceutical Company Ltd., Takeda Pharmaceuticals U.S.A., Inc., Takeda Pharmaceuticals...more

District court decision invalidating claims as inherently anticipated upheld by Federal Circuit

Procedural History - United Therapeutics Corporation v. Liquidia Technologies, Inc. is an appeal and cross appeal from a District of Delaware decision that found (1) claims 1, 4, and 6–8 of U.S. Patent 10,716,793 (“the...more

SCOTUS denies cert in skinny label appeal from the Federal Circuit

On May 15, 2023, the Supreme Court of the United States denied Teva Pharmaceuticals USA, Inc.’s (“Teva”) petition for certiorari in Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline, LLC, ending a nearly nine-year court...more

District Court Invalidation of Parkinson's Drug Patent as Obvious Affirmed by Federal Circuit

Procedural History - UCB, Inc. v. Actavis Laboratories UT, Inc., is an appeal from a judgment in a Hatch-Waxman suit in the District of Delaware that found the asserted claims of U.S. Patent No. 10,130,589 (the “’589...more

PTAB Decision Invalidating Claims Finding Lack of Written Description and Later Priority Date Upheld by Federal Circuit

Procedural History - Regents of the University of Minnesota v. Gilead Sciences, Inc., Case No. 2021-2168 (Fed. Cir. Mar. 6, 2023) is an appeal by the Regents of the University of Minnesota (“Minnesota”) from a final...more

Federal Circuit Upholds Judgment Delisting System Patent From Orange Book

Procedural History - Jazz Pharms., Inc., v. Avadel CNS Pharms., LLC, Case No. 2023-1186 (Fed. Cir. February 24, 2023) is an appeal by Jazz Pharmaceuticals, Inc. (Jazz) from a District of Delaware order granting a motion...more

Federal Circuit Holds Surgical Patent Anticipated Under Pre-AIA 35 USC102b Public Use

This is an appeal from a District of Delaware summary judgment order that held that the asserted claims of U.S. Patent No. 9,186,208 (the ’208 Patent) are anticipated under the public use bar of pre-AIA 35 U.S.C. § 102(b). ...more

Fed. Circuit Says Isolated Milk Nutrient Not Patent-Eligible Subject Matter

Procedural History - This is an appeal from a District of Delaware summary judgement order that held that the asserted claims of U.S. Patent No. 8,197,807 (the ‘807 Patent), entitled “Nicotinamide riboside kinase...more

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