Search for: "Apotex, Inc."
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10 Jul, 2008 4:50 am
... California that U.S. Patent No. 5,110,493, which is owned by Plaintiff-Appellee Roche Palo Alto LLC, is valid and infringed by Defendants-Appellants Apotex, Inc. and
Apotex Corp. (Apotex). In affirming the District Court's determination of validity and infringement, the ... that the lower court did not err in holding that the reverse
doctrine of equivalents is inapplicable or that Apotex's defenses of invalidity and unenforceability were barred by claim preclusion. The '493 patent is ...
25 Aug, 2008 4:10 am
... its declaratory judgment jurisdiction jurisprudence ever since the Supreme Court's Medimmune, Inc. v. Genentech, Inc. decision. These cases have included SanDisk Corp.
v. STMicroelectronics, ... Inc., Caraco Pharmaceutical Laboratories, Ltd. v. Forest Laboratories, Inc., and just last week, Prasco LLC v. Medicis Pharmaceutical Corp. The
trend continues, albeit in a nonprecedential opinion, in Merck & Co. v. Apotex Inc. In a per curiam decision from a panel made up of CAFC Judges Mayer and Linn ...
17 Jul, 2008 4:23 am
... on whether an Article III case or controversy exists continues to evolve regarding the extent to which federal district courts can exercise jurisdiction in patent cases, most
recently in Merck & Co. v. Apotex, Inc. (nonprecedential). The dispute was over Apotex's ANDA filing for a generic version of Merck's Fosamax® drug for treating
osteoporosis. At issue were Merck's Orange Book-listed patents for Fosamax®, including U.S. ...
9 Apr, 2008 2:00 pm
FDA Authority Preempts State Tort Suits Over Antidepressant Drug Warnings COLACICCO V. APOTEX INC. (U.S. 3rd Cir., April 8, 2008) - In state-law tort actions brought in
federal court against drug manufacturers of Paxil and Zoloft -- antidepressants known as selective serotonin reuptake inhibitors ("SRRIs") -- based on a theory that the drugs' labeling
failed to warn the risk of increased suicidal ...
11 Sep, 2008 4:55 am
... the proper jurisdictional scope of declaratory judgment actions filed in ANDA cases, where a generic drug company has filed its ANDA on a drug having at least one patent listed by
the innovator in the FDA Orange Book. These cases include Caraco Pharmaceutical Laboratories, Ltd. v. Forest Laboratories, Inc. and Merck & Co. v. Apotex,...
16 Dec, 2008 5:16 am
By Kevin E. Noonan --Denial of an ANDA validity challenge by generic pharmaceutical company Apotex of Sanofi-Synthelabo's Orange Book-listed patent for Plavix® was affirmed by
the Federal Circuit last week. The decision, by Judge Newman, ... were to grant certiorari and work more of its particular brand of mischief on U.S. patent law. Sanofi-Synthelabo,
Sanofi-Synthelabo, Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership (collectively, Sanofi) brought suit under 35 U.S.C. § ...
19 Jun, 2007 9:45 pm
By Donald Zuhn -- Sanofi-Aventis and Bristol-Myers Squibb announced today (June 19, 2007) that the U.S. District Court for the Southern District of New York has issued a ruling in their
favor in an infringement action against Apotex. Sanofi and BMS filed the action in March of 2002, contending that...
22 May, 2007 9:52 pm
By Donald Zuhn -- On Monday, the Federal Circuit denied a combined petition for panel rehearing and rehearing en banc filed by Plaintiff-Appellee Pfizer, Inc. The Federal
Circuit's denial of Pfizer's petition for rehearing en banc was not unanimous, with Judges Newman, Lourie, and Rader each writing their own dissent....
25 Mar, 2007 6:04 pm
By Donald Zuhn --- In an appeal from a District Court judgment of validity, enforceability, and infringement, the Federal Circuit reversed the District Court's finding of validity,
holding that U.S. Patent No. 4,879,303 (the '303 patent) was rendered obvious by, inter alia, U.S. Patent No. 4,572,909 (the '909 patent) and...
12 Jul, 2007 10:06 pm
By Donald Zuhn -- On Wednesday, the Federal Circuit reversed a District Court judgment that U.S. Patent No. 5,401,741 (the '741 patent) was not invalid. In particular, the Federal
Circuit held that the District Court clearly erred in determining the level of one of ordinary skill in the art, and...
10 Oct, 2008 5:51 pm
19 Jun, 2007 12:08 pm
... face, claim 2 does not anticipate claim 3." Sanofi-Synthelabo v. Apotex, Inc., 470 F.3d 1368, 1376 (Fed. Cir. 2006), reh'g ... does not inherently disclose all species
within that broad category." Metabolite Labs., Inc. v. Lab. Corp. of Am. Holdings, 370 F.3d 1354, 1367 (Fed ... disparate elements to arrive at the particular combination that is
clopidogrel bisulfate. The Court also refused to buy Apotex' argument that clopidogrel bisulfate was rendered obvious by the '596 patent because, after gaining ...
14 Oct, 2007 7:52 pm
... of the Apotex ANDA. The district court entered the following injunction: TorPharm, Inc., Apotex, Inc., Apotex Corp., and their respective
affiliates, successors in interest, and assigns are enjoined from commercially manufacturing, ... with a paragraph IV certification that its product did not infringe the claims of the
Abbott patents. The court found Apotex in contempt for violating the injunction characterizing the injunction as extending to "any 'generic divalproex sodium' manufactured by
Apotex ...
5 Sep, 2008 8:28 am
In another post-MedImmune case on DJs, the CAFC said: Defendant-Appellant Apotex, Inc. (Apotex) appeals the order of the United States District Court for the
District of New Jersey ... , 459 n.10 (1974); see Benitec Austl., Ltd. v. Nucleonics, Inc., 495 F.3d 1340, 1344 (Fed. Cir. 2007) ("The burden is on the party ... the complaint
was filed."). ***An important point in the case --> We agree with the parties that if Apotex had not stipulated to the validity of the '663 patent, then Caraco would have ...
15 Aug, 2006 6:45 am
Sanofi-Aventis SA and Bristol-Myers Squibb filed for a preliminary injunction against Apotex Inc . to stop sales of a generic version of Plavix® (clopidogrel bisulfate).
The companies are seeking an immediate halt on the sale of Apotex' generic drug as well as a recall of drug already shipped. In the filing, the companies cited four reasons the
injunction should be issued, including the likelihood that they will prevail ...
31 Aug, 2006 6:15 pm
... District of New York). Sanofi-Aventis SA and Bristol-Myers Squibb sought the preliminary injunction against Apotex Inc . to stop sales of the generic drug citing the
likelihood that they will prevail in the patent case and that Apotex's ... is later upheld in court, penalties would be limited under the terms of its deal with Sanofi and
Bristol-Myers. Apotex said it will appeal and it is filing an emergency motion with the Court of Appeals for the Federal Circuit to stay the injunction pending the ...
20 Sep, 2007 8:11 pm
... Alto LLC v. Apotex, Inc., No. C05-02116-MJJ (N.D. Cal. 2007) Guest post by Robert S. Dailey Apotex suffered a loss ... which in turn is determined in light of
the specification, the prosecution history, and the prior art." Apotex argued that the 0.4% KT solution is substantially different from the 0.5% KT ... would not present a new
cause of action for purposes of claim preclusion." Although Apotex had varied the concentrations of four ingredients in producing its new formulation, those concentrations ...
9 Aug, 2006 9:46 am
Apotex Inc. must be confident the patent on Plavix will be held invalid. In a gutsy move for a generic drug maker, Apotex (the Welterweight from Winnipeg) started
shipping a generic copy of the blood thinner Plavix in the U.S., ahead of a likely patent infringement trial. A New York judge has denied a request for a temporary restraining order.
For an injunction, the drug makers need to prove that their patent infringement action is likely to win on the merits, that they will ...
13 Oct, 2008 4:55 am
... by virtually unnoticed. This was the ruling of Mr Justice Norris in Les Laboratoires Servier and another v Apotex Inc and others [2008] EWHC 2347 (Ch), heard on 9
October. Servier developed and patented a pharmaceutical ... damages was grinding towards a close, Servier suddenly sought permission to amend its case in the light of a finding of
infringement against Apotex in the Canadian Federal Court in Canada, in proceedings to which Servier was not a party, this patent being held not by Servier but ...
29 Jan, 2007 6:00 pm
... generic product prior to the expiration" of the '249 patent and further added that "only a declaratory judgment from the court can alleviate this harm and allow Apotex to
obtain approval of its product and compete in the lucrative ranitidine market free from infringement liability." The case is Apotex Inc. v. Glaxo Group Ltd., 07cv40, U.S.
District Court for the Eastern District of Virginia, Norfolk Division. A question from a ...
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