Category: Patent Litigation

  •     By Kevin E. Noonan — Hoffmann-LaRoche has apparently given up its attempts to convince Judge William Young to lift an injunction preventing it from selling its Mircera® drug product (a form of recombinant EPO that has been covalently linked to polyethylene glycol), and has filed a Notice of Appeal with the Court of…

  •     By Sherri Oslick — Last week, Codon Devices Inc. and Blue Heron Biotechnology agreed to settle their pending lawsuit in which Codon alleged that a series of patents licensed to Codon were infringed through Blue Heron’s manufacture and use of its GeneMaker® gene synthesis platform.  As reported here, the suit was filed on…

  •     By Kevin E. Noonan — On October 23, 2007, Amgen procured a jury verdict that Hoffman-LaRoche’s Mircera® drug product infringed several Amgen patents.  That verdict found Mircera® infringed claims 3, 7, and 8 of Amgen’s U.S. Patent No. 5,547,933 (claim 12 was found not to be literally infringed but infringed under the Doctrine…

  •     By Kevin E. Noonan — Obtaining an injunction against an adjudged infringer has become much more difficult for patentees since the Supreme Court’s decision in eBay Inc. v. MercExchange, L.L.C.  This was to be expected, of course, since the Supreme Court mandated that district courts take into account the same factors (adequacy of…

  •     By Donald Zuhn — In an Op-Ed piece appearing in last Saturday’s edition of The Boston Globe, Alnylam Pharmaceuticals Inc. Chief Executive Officer Dr. John Maraganore (at right) wrote about a "perfect storm" that is building against biomedical patent protection.  In an article entitled, "Good for iPods, but bad for patients," Dr. Maraganore…

  •     By Kevin E. Noonan — On Tuesday, Roche filed its brief in support of U.S. District Court for the District of Massachusetts (Judge William G. Young, presiding) modifying its preliminary injunction granted on February 28th, barring Roche from launching its FDA-approved Mircera® drug product.  The Court’s preliminary injunction was entered pursuant to a…

  •     By Kevin E. Noonan — Last Friday, the U.S. District Court for the District of Massachusetts (Judge William G. Young, presiding) granted a preliminary injunction to Amgen against Hoffman La-Roche, preventing Roche from selling its Mircera® drug product, a form of recombinant EPO that has been covalently linked to polyethylene glycol.  Last November,…

  •     By Sherri Oslick — Late last week, U.S. District Court Judge Mary Pat Thynge (D. Del.) granted leave to Amgen Inc. to amend and supplement its reply to ARIAD Pharmaceuticals Inc.’s counterclaims to include new claims of inequitable conduct.  In her order, Judge Thynge noted that Amgen pled affirmative acts of misconduct and…

  •     By Kevin E. Noonan — District Court Judge James C. Cacheris of the Eastern District of Virginia is set to hear argument tomorrow morning at 10 a.m. (EST) on cross motions for summary judgment in Tafas/GSK v. Dudas.  Judge Cacheris, who enjoined implementation of the U.S. Patent and Trademark Office’s ill-conceived and misguided…

  •     By Donald Zuhn — Invitrogen Corporation and Agilent Technologies announced today that the California-based biotech companies have settled all three of their pending patent suits.  Agilent Technologies became involved in the litigations through its 2007 acquisition of Stratagene, Inc., which was sued by Invitrogen in 2000 and 2001 and which brought suit against…