Category: Patent Litigation

By James DeGiulio — Genzyme Dismisses One Inequitable Conduct Count in Hectorol Suit Genzyme has won the dismissal of one of the three inequitable conduct counts raised by Cobrek Pharmaceuticals in a patent infringement suit between the two companies over the kidney disease treatment Hectorol. In February 2008, Genzyme sued Pentech Pharmaceuticals in the U.S.…

By James DeGiulio — Sham Litigation Claims against Par and Paddock Continue in AndroGel Litigation Par Pharmaceutical and Paddock Laboratories received clarification that their agreements with Solvay not to release competing versions of the testosterone supplement AndroGel are still subject to sham litigation claims brought by direct purchasers. In August 2003, Solvay filed patent infringement…

By James DeGiulio — Sandoz, Momenta Fail to Invalidate Teva Patents in Copaxone Suit Teva Pharmaceutical Industries received a favorable ruling in its Copaxone patent infringement suit against Sandoz and Momenta Pharmaceuticals after their motion for summary judgment seeking to invalidate Teva's patents over the drug was denied. In September 2008, Teva brought suit in…

By James DeGiulio — Eisai's Motion to Dismiss Granted in Aricept Suit with Apotex Apotex's Abbreviated New Drug Application (ANDA) to market a generic version of Aricept remains unapproved following the dismissal of the generic drug company's declaratory judgment suit seeking invalidity or noninfringement of Eisai's patent on the drug. In 2003, Ranbaxy was the…

By James DeGiulio — Sepracor Settles with Wockhardt in Lunesta Patent Suit Sepracor has reached a consent agreement with Wockhardt, thus settling its infringement suit over the sleep drug Lunesta. In March 2009, Sepracor brought suit in the U.S. District Court for the District of New Jersey against several generic companies who intended to make…

By James DeGiulio — Mirapex Case Ends, Mylan Found to Infringe Boehringer Patent On August 18, Boehringer's long-running case against Mylan over the drug Mirapex came to a close after Mylan was found to infringe Boehringer's patent and an injunction was issued prohibiting Mylan from producing generic pramipexole dihydrochloride. In 2005, Boehringer brought suit against…

By James DeGiulio — Lilly's Patent for Strattera Found Invalid, Lilly Appeals to Federal Circuit Teva Pharmaceuticals USA, Mylan Pharmaceuticals, and Apotex successfully argued that Eli Lilly's patent for the ADHD drug Strattera (U.S. Patent No. 5,658,590) lacked utility, thus invalidating the '590 patent and opening the door for generic versions of the drug.  Responding…

By James DeGiulio — Cephalon and Mylan Pharmaceuticals Agree to Drop Two Patents from Nuvigil Patent Suit Cephalon Inc. and Mylan Pharmaceuticals Inc. have agreed to drop two of the three patents originally involved in their infringement suit over the narcolepsy drug Nuvigil. After Mylan filed an ANDA for generic Nuvigil, Cephalon brought suit against…

By James DeGiulio — Medicis Pharmaceuticals Settles Solodyn Litigation with Mylan Medicis Pharmaceuticals Corporation has reached settlement and license agreements with Mylan, Inc., thus resolving the patent litigation over Solodyn. In 2009, Medicis brought suit against Mylan and several drug companies in the U.S. District Court for the District of Delaware, alleging infringement of U.S.…

    By James DeGiulio — Teva and Novartis Settle Patent Dispute over Zometa Teva Pharmaceuticals Industries Ltd. and Novartis Corp. have reached an agreement to settle their patent suit over a generic version of Zometa, a drug used to prevent skeletal fractures. Teva first sent Novartis two Paragraph IV notices on June 10, 2008, claiming…