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  • In re Gleave (Fed. Cir. 2009)

        By Kevin E. Noonan — The duality of nucleic acids has long posed a challenge to patent law.  A gene is, in one way of looking at it, "but a chemical compound, albeit a complex one," and this view of the gene's nature has informed the emphasis on "structure, structure, structure" taken by the…

  • Ex parte Chuang (B.P.A.I. 2008)

        By Kevin E. Noonan — The correspondence between a nucleic acid sequence and its encoded amino acid sequence is the basis for a great deal of how the U.S. Patent and Trademark Office examines biotechnology claims.  In many instances the Office treats these sequences differently.  For example, it is common practice for the Office…

  • Sanofi-Synthelabo v. Apotex, Inc. (Fed. Cir. 2008)

        By Kevin E. Noonan — Denial of an ANDA validity challenge by generic pharmaceutical company Apotex of Sanofi-Synthelabo's Orange Book-listed patent for Plavix® was affirmed by the Federal Circuit last week.  The decision, by Judge Newman, joined by Judges Lourie and Bryson, was unremarkable and should remain so, unless the Supreme Court were to…

  • Impax Laboratories, Inc. v. Aventis Pharmaceuticals Inc. (Fed. Cir. 2008)

        By Donald Zuhn — Last Friday, the Federal Circuit affirmed the determination by the District Court for the District of Delaware that U.S. Patent No. 5,236,940 does not qualify as an enabling prior art reference, and therefore, does not anticipate claims 1-5 of U.S. Patent No. 5,527,814. The ‘814 patent, which is owned…

  • In re Omeprazole Patent Litigation (Fed. Cir. 2008)

        By Kevin E. Noonan — The Federal Circuit today affirmed AstraZeneca’s latest victory in its long-running battle against generic drug companies who filed ANDAs for its (former) blockbuster drug, Prilosec®.  The Court affirmed in toto the decisions of Judge Barbara S. Jones, the District Court judge sitting in the Southern District of New…

  • Innogenetics, N.V. v. Abbott Labs. (Fed. Cir. 2008)

    Innogenetics Loses Injunction; Abbott HCV Genotyping Test to Remain on the Market     By Robert Dailey — The Federal Circuit today released its opinion in the ongoing dispute between Abbott and Innogenetics over diagnostic tools for classifying hepatitis C virus (HCV) genotypes.  Patent Docs previously reported on the District Court order and its issuance…

  • Apotex Corp. v. Merck & Co., Inc. (Fed. Cir. 2007)

        By Donald Zuhn — Last month, the Federal Circuit affirmed a District Court’s finding on summary judgment that Merck & Co., Inc. had not obtained favorable rulings in two prior proceedings by fraud.  The prior proceedings included an infringement suit involving U.S. Patent Nos. 5,573,780 (the ‘780 patent) and 5,690,962 (the ‘962 patent)…

  • Forest Labs., Inc. v. Ivax Pharm., Inc. (Fed. Cir. 2007)

        By Kevin E. Noonan — The Federal Circuit today affirmed a District Court finding that ANDA filer Ivax Pharmaceuticals and co-Defendant Cipla had not shown by clear and convincing evidence that Forest Laboratories’ patent-in-suit for Lexapro® was invalid.  In doing so, the CAFC answered (for now) the question of whether a patent on…

  • Impax Labs., Inc. v. Aventis Pharm. Inc. (D. Del. 2007)

    Aventis Prevails over Impax in Riluzole Dispute     By Robert Dailey — On remand from the Federal Circuit (see "Impax Labs., Inc. v. Aventis Pharm. Inc. (Fed. Cir. 2006)"), the District Court found that U.S. Pat. No. 5,527,814 is not anticipated by the prior art.  Particularly, the Court found that the anticipating reference cited…

  • In re Omeprazole Patent Litigation (Fed. Cir. 2007)

        By Kevin E. Noonan — The end of the consolidated omeprazole litigation may have been reached this week, when the Federal Circuit ruled on AstraZeneca’s appeal over the validity of U.S. Patent No. 6,013,281.  In its decision, the Court majority (Judges Rader and Bryson) upheld the District Court’s finding that the ‘281 patent…