Category: Patent Litigation

By James DeGiulio — Teva's Patents Covering Copaxone Upheld in Infringement Suit Mylan failed in its efforts to dismiss Teva's patent suit over the multiple-sclerosis drug Copaxone when the patents directed to the active pharmaceutical ingredient (API) in the drug, glatiramer acetate, were upheld as valid.  In September 2008, Teva brought suit in the Southern…

By James DeGiulio — Allergan Secures Infringement Ruling Against Generics in Combigan Patent Suit Allergan has successfully secured an infringement ruling against Sandoz, Alcon, Apotex, and Watson Laboratories in the consolidated patent suit over four patents covering the glaucoma medication Combigan.  Allergan has spent several years aggressively protecting its patents for Combigan, which is used…

By James DeGiulio — Medicis and Nycomed Settle Vanos Patent Dispute Medicis and Nycomed have reached a licensing agreement to settle a patent dispute over a generic version of the psoriasis treatment Vanos.  In May 2010, Medicis filed the suit in the Southern District of New York in response to Nycomed's ANDA seeking approval from…

By James DeGiulio — Medicis and Lupin Settle Solodyn Infringement Dispute; Agree to Drug Development Collaboration Medicis has entered into multiple agreements with Lupin over the acne drug Solodyn, allowing the generic drugmaker to enter the market prior to the expiration of Medicis' patents.  In a separate agreement, Medicis agreed to join Lupin in a…

By James DeGiulio — Drug Wholesalers Secure Injunction Blocking Braintree from Terminating MiraLAX Supply Direct purchasers of MiraLAX, who have brought a class action suit headed by Rochester Drug Cooperative ("RDC") against drugmaker Braintree Laboratories Inc., were successful in obtaining a preliminary injunction blocking Braintree from terminating its sales to the drug wholesaler plaintiffs.  In…

By James DeGiulio — Elan and Abbott Drop Tricor Patent Suit with Teva Elan and exclusive licensee Abbott have agreed to dismiss their case with Teva over its intended marketing of a generic version of the cholesterol drug Tricor.  The dispute between the companies began in July 2010, when Abbott, subsidiary Fournier, and Elan brought…

    By James DeGiulio — Allergan and Hi-Tech Settle Combigan Patent Dispute Allergan has resolved its dispute with Hi-Tech Pharmacal over the latter's bid to market a generic version of Allergan's glaucoma treatment Combigan.  In June 2009, Allergan sued Hi-Tech in the U.S. District Court for the Eastern District of Texas, claiming that Hi-Tech's ANDA filing…

By James DeGiulio — Cephalon's Amrix Patents Infringed But Invalid in Suit against Mylan and Barr Two of Cephalon's patents covering the muscle relaxant Amrix drug were found to be infringed by Mylan and Barr, but those same patents were also found to be invalid for obviousness.  Cephalon originally brought six cases against several generic…

By James DeGiulio — Seroquel Suit between AstraZeneca and Biovail Dismissed AstraZeneca and Biovail have agreed to end their patent dispute over Seroquel XR after Biovail converted its Paragraph IV certification to a Paragraph III filing, thus agreeing not to market a generic version of Seroquel XR until after the expiration of the patents in…

By Kevin E. Noonan — Lost in all the hubbub over the America Invents Act (S. 23 and H.R. 1249, collectively "the patent reform bill"), Congress is considering another pair of bills (one in each House) that could have an equally deleterious effect on enforcing valuable patents.  Identified as S. 623 (introduced by Senator Herb…