Category: Pharma/Biotech Patent Litigations

Adams Respiratory Therapeutics, Inc. Vs. Perrigo Co.- Dispute Related to Pharmacokinetic Claim Terms

Adams Respiratory Therapeutics, Inc. Vs. Perrigo Co.- Dispute Related to Pharmacokinetic Claim Terms Adams Respiratory Therapeutics, Inc. (Adams)-“Plaintiff” holds patent 5,372,252 (‘252 patent), which covers an extended release formulation containing guaifenesin (an expectorant used to thin, loosen, and helps expel mucus that causes congestion). Adams markets Mucinex® which is the preferred embodiment of the ’252 … Continue reading Adams Respiratory Therapeutics, Inc. Vs. Perrigo Co.- Dispute Related to Pharmacokinetic Claim Terms

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Patent laws on Genes and Gene Sequences

Advancement in science and genetic application, with enhanced knowledge of Human Genome has been the main focus in the field of medicine and biotechnology areas. Continuous and ongoing researches in genome project, identifying specific target genes and their respective response and functional activities, have evolved genetic therapeutics in treatment of multifactor disorders such as heart … Continue reading Patent laws on Genes and Gene Sequences

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BRUCE N. SAFFRAN Vs. JOHNSON & JOHNSON and CORDIS CORPORATION

Introduction A patent infringement suit filed by Bruce N. Saffran, a New Jersey Radiologist (“Plaintiff”) against Johnson & Johnson (J&J) and Cordis Corporation (“Defendants”) claiming that defendants directly infringed U.S. Patent No. 5,653,760 (filed Aug. 9, 1995) (the `760 patent;) entitled “Method and Apparatus for Managing Macromolecular Distribution”. Defendants’ accused products are the Cypher drug-eluting … Continue reading BRUCE N. SAFFRAN Vs. JOHNSON & JOHNSON and CORDIS CORPORATION

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Soy Meal a “Dead Material”- No Functional DNA

A Patent Infringement suit was filed by Monsanto Technology LLC against Cefetra, Vopak Agencies and Alfred C. Toepfer International GmbH, for exporting soy meal from Argentina to European Community. The judgement was carried out by the court of justice of European Communities “Grand Chamber”. Preliminary ruling under Article 234 EC from the Rechtbank’s’Gravenhage (Netherlands). Introduction: … Continue reading Soy Meal a “Dead Material”- No Functional DNA

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Sun Pharmaceuticals v. Eli Lilly: Doctrine of Obviousness-Type Double Patenting

A remarkable latest change in the Patentability has risen from the decision of the Federal Circuit in the case Sun Pharmaceuticals v. Eli Lilly, over the later’s patent that claimed the use of gemcitabine (GEMZAR), a drug to treat cancer. Sun Pharma moved to lower court to invalidate this patent on the grounds of obviousness-type … Continue reading Sun Pharmaceuticals v. Eli Lilly: Doctrine of Obviousness-Type Double Patenting

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Roche’s Struggle Over its Patents in India – Two suits, Two oppositions

The struggle between innovator pharmaceutical companies (mostly in the Western world) and developing world Generic companies has been lately played out in India and especially for the last 2-3 years in the form of litigations and oppositions. Here I would be discussing the specific case of Roche (a Swiss Pharma Company) showcasing its journey of … Continue reading Roche’s Struggle Over its Patents in India – Two suits, Two oppositions

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EMERGING IP LANDSCAPE FOR GENERIC PHARMA COMPANIES: A CASE STUDY

IP Issues that concern generic pharma companies generally center on ANDA filing, Patent Litigation, Patent Outlicensing and Brand Acquisitions. It has been very rare for an Indian generic player to be involved into all the four aspects in a single case involving a common drug molecule. One such case with India headquartered Sun Pharma as … Continue reading EMERGING IP LANDSCAPE FOR GENERIC PHARMA COMPANIES: A CASE STUDY

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Federal Circuit Upholds Two District Court Decisions Concerning Patent Term Extensions: Ortho-McNeil Pharmaceuticals v. Lupin Pharmaceuticals and Photocure ASA v. Kappos

Ortho-McNeil Pharma v. Lupin Pharma and Photocure ASA v. Kappos Two recent cases decided before the U.S. Court of Appeals for the Federal Circuit (CAFC) on May 10, 2010 upheld two Patent Term Extensions (PTE) under 35 U.S.C. § 156. In the first case, Ortho-McNeil Pharmaceutical, Inc. v. Lupin Pharmaceuticals, Inc., Lupin challenged the USPTO’s granting … Continue reading Federal Circuit Upholds Two District Court Decisions Concerning Patent Term Extensions: Ortho-McNeil Pharmaceuticals v. Lupin Pharmaceuticals and Photocure ASA v. Kappos

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Bayer Vs Cipla

BAYER Vs CIPLA & UNION OF INDIA Does a combined reading of the Drug Control Act and the Patents Act lead to an inference that no marketing approvals can be granted to a third party for a drug/formulation for which a patent exists? This was a primary question before the Delhi High Court in a … Continue reading Bayer Vs Cipla

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Actavis and Novartis

ACTAVIS’ “EXPECTATION OF SUCCESS” AFFIRMED ACTAVIS UK vs NOVARTIS AG The High Court, Court of Appeal has recently upheld a decision on Appeal from the High Court, Patents Court, that the Novartis’s European Patent (UK) 0948320, a sustained release formulation of Fluvastatin (a Cholesterol lowering drug), is invalid on the ground of obviousness. Earlier in … Continue reading Actavis and Novartis

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