Category: Patent Litigation

  •     By Donald Zuhn — Last week, in a letter addressed to Senate Judiciary Chairman Patrick Leahy (D-VT) and Ranking Member Jeff Sessions (R-AL), Public Patent Foundation (PUBPAT) Executive Director Daniel Ravicher expressed "deep concern" over the Committee's addition of a provision to the Senate patent reform bill (S. 515) that would eliminate qui tam…

  •     By Suresh Pillai — Settlement Announced in Carbatrol® Suit The U.S. District Court for the District of New Jersey has approved a settlement of the infringement suit between plaintiff Shire LLC and defendant Nostrum Pharmaceuticals Inc. concerning the alleged infringement of U.S. Patent Nos. 5,326,570 and 5,912,013.  According to Shire's complaint, filed in 2008…

  •     By Donald Zuhn — Earlier this year, we released our annual list of top biotech/pharma stories (see "Top Stories of 2009: #4 to #1").  At the top of our list, we placed the biotech/pharma industry's attempts to recover from the Great Recession.  Back in February of 2009, we noted that almost a third of…

  •     By Suresh Pillai — DC District Court Remands Pfizer PTA Suit to USPTO Last week, the U.S. District Court for the District of Columbia remanded Pfizer Inc.'s challenge of the USPTO's calculation of patent term adjustment (PTA) back to the U.S. Patent and Trademark Office.  This action by the District Court, following the Federal…

  •     By Suresh Pillai — MIT Dismissed as Party in RNAi Dispute The U.S. District Court for the District of Massachusetts has granted the joint motion filed by plaintiff the Max Planck Institute and defendant the Massachusetts Institute of Technology to dismiss MIT as a party in a patent suit brought by Max Planck.  The…

  •     By Suresh Pillai — Lupin Claims Tri-Cyclen® Patent Invalid Lupin Pharmaceuticals Inc. has filed counterclaims in its suit with Ortho-McNeil-Janssen Pharmaceuticals Inc., alleging that Ortho's patent covering its Tri-Cyclen® Lo contraceptive, U.S. Patent No. 6,214,815, is invalid.  In its complaint, filed on January 15, 2010 in the U.S. District Court for the District of…

  •     By Suresh Pillai — Court Denies Bid for Bench Trial in RNAi Patent Suit The U.S. District Court for the District of Massachusetts has denied the bid of defendants Whitehead Institute for Biomedical Research, the University of Massachusetts, and the Massachusetts Institute of Technology to have the merits of their patent dispute with plaintiffs…

  •     By Suresh Pillai — Settlement Announced in Focalin® Infringement Suit Celgene, Novartis Pharmaceuticals, and Teva Pharmaceuticals have filed three separate stipulations in the U.S. District Court for the District of New Jersey that will, if approved by the Court, put an end to all claims among the parties.  The long running dispute stemmed from…

  •     By Suresh Pillai — Mylan and Matrix Fail in Bid to Dismiss Sustiva® Case The U.S. District Court for the District of Delaware has ruled that Bristol-Myers Squibb may proceed with its patent infringement suit against defendants Mylan Pharmaceuticals and Matrix Laboratories over Bristol-Myers' patent covering the HIV treatment Sustiva®, U.S. Patent No. 6,673,372. …

  •     By James DeGiulio — With very little downside and huge upside, exclusivity is the driving force to the huge increase in first-to-file Paragraph IV filings.  Adam Greene and D. Dewey Steadman, both at RBC Capital Markets Corp., conducted a recent study where they analyzed over 370 court rulings since the beginning of 2000 to…