Patent Law Weblog
Category: Injunction
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By Donald Zuhn — Last week, in Sanofi-Aventis v. Sandoz, Inc., the Federal Circuit vacated the entry of a consent judgment and an injunction by the District Court for the District of New Jersey, which enjoined Defendants-Appellants Sun Pharmaceutical Industries, Ltd. and Caraco Pharmaceutical Laboratories, Ltd. ("Sun") from manufacturing and selling a generic version of…
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By Donald Zuhn — The U.S. Court of Appeals for the Federal Circuit issued an Order today in Eli Lilly & Co. v. Actavis Elizabeth LLC, granting Lilly's request for an injunction to prevent Defendants-Appellees from launching generic versions of Lilly's ADHD drug Strattera® until Lilly's appeal has been resolved. On August 25, Lilly filed…
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By Kevin E. Noonan — The latest challenge to Amgen's erythropoietin (EPO) franchise ended today, when Hoffman-La Roche agreed to keep its pegylated derivative of human EPO, Mircera®, off the market until July 1, 2014. The U.S. Food and Drug Administration granted approval for Roche to market Mircera® in November, 2007 (it has already…
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Something for Everyone, but the Injunction Stands By Kevin E. Noonan — Amgen has several times successfully defended its erythropoietin (EPO) franchise, the company's first commercial success and in many ways the crown jewel of its (or anyone's) biologics drug pipeline. That string of successes continued today with a decision by the Federal…
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By Andrew Williams — Last Thursday, the Federal Circuit affirmed the decision of the District Court for the District of New Jersey denying a request by Altana Pharma and Wyeth (collectively "Altana") for a preliminary injunction to prevent Teva Pharmaceuticals ("Teva") from marketing a generic version of the antiulcer drug Protonix®. The active ingredient…
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By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its second annual list of top biotech/pharma stories. For 2008, we identified a baker's dozen of top stories covered on Patent Docs. Today we will count down stories #13 to #10. On Sunday, we will present stories #9…
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By Kevin E. Noonan — There are the inklings of a stratagem taking shape in certain of the Federal Circuit's decisions since the spate of Supreme Court rejections of large portions of its jurisprudence. That stratagem involves refusing to overturn district court decisions based on applying an abuse of discretion standard, as evidenced in…
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Opposing Federal Circuit Preliminary Injunction Standards in Abbott Laboratories v. Sandoz By Kevin E. Noonan — The Court of Appeals for the Federal Circuit affirmed grant of a preliminary injunction in Abbott Laboratories v. Sandoz on October 21, and also affirmed the District Court's determination that the patents-in-suit were not rendered unenforceable by inequitable…
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By Kevin E. Noonan — On October 2, 2008, Judge William Young of the District Court of the District of Massachusetts issued his 150-page opinion in Amgen Inc. v. F. Hoffmann-La Roche Ltd. , Amgen’s patent infringement suit over Roche’s Mircera® drug product (see "Victory for Amgen in District Court Decision – Part I"). …
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By Kevin E. Noonan — The Federal Circuit today issued an Order, pursuant to Federal Circuit Rule 36, affirming the District Court’s grant of a preliminary injunction in Amgen Inc. v. F. Hoffmann-La Roche Ltd., Amgen’s patent infringement suit over Roche’s Mircera® drug product. The District Court granted the preliminary injunction on February…
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