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11 Dec, 2007 8:35 pm
By Donald Zuhn -- Last month, the Federal Circuit affirmed a District Court's finding on summary judgment that Merck & Co., Inc. had not obtained favorable rulings in two prior
proceedings by fraud. The prior proceedings included an infringement suit involving U.S. Patent Nos. 5,573,780 (the '780 patent) and 5,690,962...
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 ...
6 Dec, 2007 7:27 pm
... was patented by Apotex. Apotex v. Merck & Co. (06-1405) Apotex Corp. appeals the decision of the United States District Court for the Northern District of Illinois1 granting summary judgment in favor of
Merck & Co. ... compel discovery pursuant to the crime fraud exception to the attorney-client privilege. The judgment of the district court is affirmed. Apotex sued Merck alleging that its process for formulating and producing tablets of the pharmaceutical compound enalapril (Vasotec) used to ...
6 Jun, 2007 9:39 am
... urged a Supreme Court Justice on Tuesday to allow it to continue marketing a generic medicine for easing high blood pressure. Apotex
Corp. said it would be hurt far more than Pfizer Inc., the brand-name medicine's manufacturer, if ... months was "overstated" because Pfizer would go on facing competition from
the marketing of another generic by Mylan Laboratories. By contrast, Apotex said, a delay in its victory on the patent's invalidity would
result in losses that it would have no way ever of ...
10 Jul, 2008 4:50 am
... , 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 Federal Circuit concluded 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 directed to...
9 Jul, 2008 8:57 am
... reverse doctrine of equivalents is a question of fact. SRI Int'l v. Matsushita Elec. Corp. of Am., 775 F.2d 1107, 1124 (Fed. Cir. 1985). The CAFC ... unexpected results of
O40 to its superiority in forming micelles. The intrinsic evidence is therefore inconsistent with Apotex's proffered "principle" of the '493
invention. The case also discusses claim preclusion: ... WL 2020534, at *3; Foster, 947 F.2d at 480. ***See also Apotex Challenge to ACULAR LS
Patent Barred by Res Judicata at Patently-O. IPBiz ...
19 Jun, 2007 12:08 pm
... , claim 2 does not anticipate claim 3." Sanofi-Synthelabo v. Apotex, Inc., 470 F.3d 1368, 1376 (Fed. Cir. 2006), reh'g ... disclose all
species within that broad category." Metabolite Labs., Inc. v. Lab. Corp. of Am. Holdings, 370 F.3d 1354, 1367 (Fed. Cir. 2004); ... 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 familiarity ...
11 Oct, 2006 9:01 am
... Sup. Ct. 05-1006), the Supreme Court said that it will not hear a case brought by generic pharmaceutical company Apotex that was trying to
have Pfizer's Zoloft patent invalidated. Zoloft (sertraline hydrochloride) is a selective serotonin reuptake inhibitor ... get a 180-day period of market exclusivity. Teva inherited the
rights to generic Zoloft through its acquisition of Ivax Corp. earlier this year. Ivax received FDA approval in December 2004 to sell a generic version of Zoloft after the patent
...
5 Sep, 2008 8:28 am
... , N.V. and Janssen, L.P. (collectively Janssen). We affirm. Apotex loses. This is not a bad case to review to obtain background on the
Hatch-Waxman Act. The ... this court reviews de novo. Teva Pharms. USA, Inc. v. Novartis Pharms. Corp., 482 F.3d 1330, 1335-36 (Fed. Cir. 2007). (...) The Declaratory Judgment
... 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 been ...
20 Aug, 2008 2:14 pm
The CAFC noted: In this consolidated appeal, Apotex and Impax challenge the district court's judgments of infringement against each of them.
Because we find no error in the district court's ... . See Pfaff v. Wells Electronics, Inc., 525 U.S. 52, 67 (1998); Invitrogen Corp. v. Biocrest Mfg., L.P., 424 F.3d 1374, 1380
(Fed. Cir. ... had been reduced to practice before the testing began. See z4 Techs., Inc. v. Microsoft Corp., 507 F.3d 1340, 1352 (Fed. Cir. 2007). To demonstrate reduction to
practice, a ...
25 Aug, 2008 4:10 am
... the Supreme Court's Medimmune, Inc. v. Genentech, Inc. decision. These cases have included SanDisk Corp. v. STMicroelectronics, Inc., Teva Pharmaceuticals USA, Inc. v.
Novartis Pharmaceuticals Corp., Benitec Australia, Ltd. v. ... 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 ...
10 Oct, 2007 8:29 pm
... on both validity and infringement where the 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 ... divalproex sodium. No sanctions
were imposed. Instead, the district court stated that should the violation continue, Apotex "will be risking heavy sanctions for its willful
disobedience of the injunction." According to the appellate decision by Chief Judge Michel: The ...
18 Oct, 2007 10:33 pm
... , 2006); Brief of United States as Amicus Curiae in Support of Defendants-Appellees, Colacicco v. Apotex Corp., No. 06-3107 (3d
Cir., filed Dec. 4, 2006). The ... FDA decisions, and the court ultimately ruled the same way. Perry v. Novartis Pharmaceuticals Corp., 456 F. Supp.2d 678 (E.D. Pa. 2006). In the
only instance where ... the Agency and affirmed preemption, notwithstanding the regulatory reversal of position. Horn v. Thoratec Corp., 376 F.3d 163 (3d Cir. 2004). Similarly,
the FDA supported broad ...
1 Oct 2:14 am
... . Fla. Aug. 7, 2008), as well as an earlier order in the Masterson case - Masterson v. Apotex Corp., 2008 WL 2047979 (S.D. Fla. May
13, 2008), hold ... of an otherwise perfectly clear and unambiguous statute"); Bolin v. SmithKline Beecham Corp., 2008 WL 3286973, supra, at *2 ("this Court agrees with the
decisions concluding that §1441(b) ... there so long as [the in-state defendant] was an unserved defendant"). Mississippi: Ott v. Consolodated Freightways Corp., 213 F. Supp.2d
662, 665 & n. 3 (S.D. ...
23 Mar, 2006 10:15 pm
... sanofi-aventis announced earlier this week that they have reached a tentative settlement agreement with Apotex Inc. and Apotex Corp. regarding the pending Plavix® patent infringement lawsuit. The proposed settlement agreement will ... (2-chlorophenyl)-acetate and the
pharmaceutical compositions containing it"), of which the validity of the patent was challenged. The license to Apotex will be exclusive with
the exception of the Plavix® brand product (currently under agreement whereby sanofi-aventis ...
14 Dec, 2006 4:08 am
... 10, 2006); Brief of United States as Amicus Curiae in Support of Defendants-Appellees, Colacicco v. Apotex Corp., No. 06-3107 (3d
Cir. filed Dec. 4, 2006). The court in ... district court in Colacicco agreed with the FDA and found the SSRI claim preempted, Colacicco v. Apotex, Inc., 432 F. Supp.2d 514 (E.D. Pa. 2006) - a ruling ... with the Agency and affirmed preemption, notwithstanding the regulatory reversal of position.
Horn v. Thoratec Corp., 376 F.3d 163 (3d Cir. 2004). We've provided links to all ...
29 Feb, 2008 8:00 am
... Dohme's European patents for Alendronate: (IP Law360), (The IP Factor), (Generic Pharmaceuticals & IP), Hectorol - Genzyme Corp launches US patent suit against Pentech
Pharmaceuticals to prevent it from marketing a generic version of Hectorol: (IP Law360), ... Pfizer's Lipitor but Ranbaxy is still blocked from launching generic version of the drug:
(IP Law360), Neurontin (Gabapentin) - Apotex Corp and Pfizer Inc. settle all outstanding patent infringement and antitrust litigation
over Pfizer's ...
13 Jan 8:41 am
... Petitions Pending: FTC v. Rambus: Duties of a patent holder in standard setting negotiations. (To be discussed in more detail this week.) Apotex Corp. v. AstraZeneca AB: This case involves a burden of proof. Should an accused product be found non-infringing if ... the patentee has granted
an ANDA applicant a covenant not to sue. Burandt v. Dudas: When is a failure to pay "unavoidable" Apotex v. Roche: Is there any meat in the
reverse doctrine of equivalents. Energizer v. ITC: How should a court ...
8 Nov 9:28 pm
... recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring. Novartis AG et al. v. Apotex
Inc. et al. 1:09-cv-06950; filed November 4, 2009 in the Northern District of Illinois • Plaintiffs: Novartis AG; Novartis Pharmaceuticals Corp. • Defendants: Apotex Inc.; Apotex Corp. Infringement of U.S. Patent Nos. 6,025,391 ("Enteric-coated Pharmaceutical
Compositions of Mycophenolate," issued February ...
18 Aug, 2008 3:08 pm
... continued interest in pre-service removal cases, note that both Valerio v. SmithKline Beecham Corp., No. 08-60522-CIV, 2008 WL 3286976 (S.D. Fla. Aug. 7, ... .D. Fla. Aug. 7,
2008), as well as an earlier order in the Masterson case - Masterson v. Apotex Corp., No. 07-61665-CIV, 2008 WL 2047979 (S.D. Fla. May
... each case prior to service on not only itself but before service on the Florida defendant, Apotex Corp. The court held that those
removals satisfied the literal language of section 1441(b) and ...
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