Category: Patent Litigation

  •     By Donald Zuhn — An article in the October 10th issue of Science magazine presents the results of an analysis of litigated gene patents, and reaches the conclusion that "for the most part, fears expressed concerning human gene patents have not been manifested overtly in patent litigation."  The article, entitled "Trends in Human Gene…

  •     By Mark Chael — On December 2nd, Mylan, Inc. and Mylan Pharmaceuticals, Inc. announced that they had settled their dispute with Novartis Pharmaceuticals Corp., Novartis Corp., and Novartis International AG over a generic version of Novartis' Femara® tablets. According to the press release, Femara® tablets, which are used in the treatment of breast cancer,…

  •     By Sherri Oslick — Earlier this week, Impax Laboratories, Inc. and Medicis Pharmaceutical Corp. announced that they have entered a Joint Development Agreement and a Settlement and License Agreement that brings to an end their pending lawsuit over Impax's plans to manufacture a generic version of Medics' Solodyn® (minocycline hydrochloride extended release tablets, used…

  •     By Donald Zuhn — Last Friday, U.S. Patent and Trademark Office Director Jon Dudas filed a Notice of Appeal in the District Court for the District of Columbia appealing the Court's September 30th decision in Wyeth v. Dudas to the United States Court of Appeals for the District of Columbia Circuit.  Director Dudas challenges District Judge…

  •     By Donald Zuhn — As we reported last month, the District Court for the District of Columbia issued an important decision on September 30th that could impact the manner in which Patent Term Adjustment (PTA) determinations are made.  In Wyeth v. Dudas, the District Court granted summary judgment in favor of Wyeth, determining that…

  •     By Donald Zuhn — A study in last month’s issue of Nature Biotechnology calls into question the perception that litigation rates — at least for one particular industry — are rising.  The study, entitled "DNA-based patents: an empirical analysis" (the full text of the article can be obtained here for $32), was conducted…

  •     By Donald Zuhn — On Wednesday, SmithKline Beecham Corp., SmithKline Beecham plc, and Glaxo Group Ltd. (GSK) filed their brief in the Tafas v. Dudas appeal (see "Brief of Plaintiffs-Appellees GlaxoSmithKline").  As we previously reported, the Plaintiffs-Appellees had until September 24th to serve and file their brief. Most patent practitioners are no doubt…

  •     By Sherri Oslick — Late last week, Magistrate Judge Mary Pat Thynge granted Amgen’s motion of summary judgment of non-infringement as to all asserted claims in Amgen Inc. v. ARIAD Pharmaceuticals Inc., Civil Action No. 06-cv-00259 (D. Del).  At issue was Amgen’s Enbrel® (etanercept, a TNF blocker) product.  (Another Amgen product, Kineret® —…

  •     By Kevin E. Noonan — Harold Wegner, dean of patent law cognoscenti and a partner at Foley & Lardner LLP in Washington, DC, regaled the audience at ACI’s Biotech Patent Law conference on Monday with a talk on "Key Biotech Cases to Watch and How They May Impact Your Practice."  Ranging from §…

  •     By Sherri Oslick — Patent Docs readers anxiously awaiting GSK/Tafas’ brief will have to wait a little longer.  On August 14, the parties jointly moved to modify the briefing schedule; the motion was granted today (September 2).  The schedule as it now stands is as follows: • September 24, 2008:  Appellees’ briefs due…