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Abbreviated New Drug Application (ANDA) Indirect Infringement Patent Infringement

Akin Gump Strauss Hauer & Feld LLP

District Court: ANDA Label including Non-Infringing Uses is Not Sufficient to Induce Infringement

In a Hatch-Waxman case, the District Court for the District of New Jersey recently found that a generic label that included an allegedly infringing permissive use did not induce infringement where the label cautioned against...more

Morgan Lewis

Federal Circuit: ‘Consisting Essentially of’ Risks Indefiniteness and No Intent from ANDA Label’s Permissive Use

Morgan Lewis on

A split Federal Circuit panel recently upheld the district court’s judgment of invalidity and noninfringement because the phrase “consisting essentially of” rendered the asserted claims indefinite and the proposed ANDA label...more

McDermott Will & Emery

Polymorphic Patent Survives Obviousness Challenge

McDermott Will & Emery on

In a Hatch-Waxman case involving patents directed to a polymorphic compound for a treatment for polyneuropathic pain, the US Court of Appeals for the Federal Circuit affirmed a district court finding that a patent was not...more

McDermott Will & Emery

ANDA Update - Volume 2, Number 3

McDermott Will & Emery on

On-Sale Bar Is No Bar for Selling Manufacturing Services to the Inventor - Addressing what constitutes an invalidating “sale” under § 102(b), the US Court of Appeals for the Federal Circuit sitting en banc affirmed the...more

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