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6 Mar, 2008 9:53 pm by Donald Zuhn
By Kevin E. Noonan -- On Monday, the U.S. District Court for the District of New Jersey (Judge Peter G. Sheridan, presiding) found after a bench trial on all issues that Bayer's U.S. Patent 6,787,531 was invalid for obviousness. In doing so, the Court's decision illustrated anew the uncertainties that...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
9 Aug 9:59 pm by Patent Docs
Common Sense, Perhaps, But Whose? By Kevin E. Noonan -- The Supreme Court in KSR International Co. v. Teleflex Inc. established a standard (such as it is) of "common sense" in evaluating whether an invention is obvious. If the Court had been careful to follow the statute, it might have stressed more carefully that the answer to the question "whose common sense" must be the person of ordinary skill in the art. Perhaps it was the contempt they obviously felt for the invention at issue -- an ...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
2 Jul 6:01 pm by Phil
... is excerpted from a Thursday, July 02, 2009 press release at Webwire: Bayer Schering Pharma AG, Germany and Bayer HealthCare Pharmaceuticals Inc. together with Schering Corporation have filed a patent infringement lawsuit in the U.S. ... Industries, Ltd.. The lawsuit concerns Teva's application to the FDA for approval to market a generic form of Levitra®, Bayer Schering Pharma's therapy for the treatment of erectile dysfunction, prior to patent expiration. The patent at issue in the suit is Bayer ...
Philip Brooks' Patent Infringement Updates - http://infringement.blogs.com/philip_brooks_patent_infr/
7 Mar, 2008 8:19 pm by Aaron Barkoff
Bayer Schering Pharma AG v. Barr Labs., No. 05-2308 (D.N.J. 2008) On Monday, the U.S. District Court for the District of New Jersey ... '531 patent, claiming pharmaceutical formulations of micronized drospirenone and ethinylestradiol, protects Bayer's Yasmin birth control pill. Barr Labs had challenged the '531 ... of ordinary skill in the art could conclude that micronization is a viable option." Similarly, while Bayer asserted that the prior art taught that acid sensitive drugs must be enteric coated, ...
Orange Book Blog - http://www.orangebookblog.com/
9 Oct 9:11 am by Karen E. Keller
... Lupin Limited and Lupin Pharmaceuticals Inc. (patent infringement) 9/15: Bayer Schering Pharma AG, Bayer Healthcare Pharmaceuticals Inc., Schering Corporation v. Teva Pharmaceuticals USA, Inc. and Teva ... Pharma Inc. (patent infringement) 10/5: Fairchild Semiconductor Corporation v. Infineon Technologies AG, Infineon Technologies North America Corporation (patent infringement) 10/6: Elan Pharma International Ltd. and Jazz Pharmaceuticals Inc. v. Actavis Elizabeth LLC, Anchen Pharmaceuticals Inc. ...
Delaware IP Law Blog - http://www.delawareiplaw.com/
28 Sep 1:08 am by Dr. Shezad Malik
... who use DRSP/EE birth control pills like YAZ. The study was funded with an unrestricted grant from Bayer Schering Pharma AG. Dr. Dinger has disclosed no relevant financial relationships. Under routine medical ... been a total of 1126 unintended pregnancies so far. The study was funded with an unrestricted grant from Bayer Schering Pharma AG. Dr. Dinger has disclosed no relevant financial relationships. If you or a family member has been personally injured because of the fault of someone else: by ...
Dallas Fort Worth Injury Lawyer Blog - http://www.dallasfortworthinjurylawyer.com/
24 Jul 12:18 pm by Ronald V. Miller, Jr.
... drug companies. The drug Yasmin was initially manufactured by Berlex Laboratories, Inc. and/or Berlex, Inc. Berlex was acquired by Bayer in 2006, which then began manufacturing and marketing an extremely similar drug, Yaz. Bayer itself has a number of ...  Bayer Healthcare LLC  Bayer Healthcare Pharmaceuticals, LLC  Bayer Pharmaceuticals Corporation  Bayer Schering Pharma, AGBayer AG These last two are foreign entities, so pay attention to the rules regarding service (and the ever-dreaded ...
Maryland Injury Lawyer Blog - http://www.marylandinjurylawyerblog.com/
16 Sep 1:38 pm by Tom Lamb
... measured the quality of its drug ingredients based on an average of several samples, instead of reporting individual tests results. Bayer shipped eight drug batches to the U.S. that were tested using the method, which the FDA does not accept ... Evaluation and Research -- to Bayer's Dr. Franz-Josef Renneke -- who is the Site Manager for Bayer HealthCare - Bayer Schering Pharma AG at its manufacturing facility in Bergkamen, Germany. The Warning Letter concerns certain batches of drospirenone (DRSP), ...
Drug Injury Watch - http://www.drug-injury.com/druginjurycom/
2 Aug 8:33 pm by Patent Docs
By Sherri Oslick -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring. Juridical Foundation The Chemo-Sero-Therapeutic Research Institute v. Doll 1: ... Patent and Trademark Office for U.S. Patent No. 7,482,436 ("Human Antihuman Interleukin-6 Antibody and Fragment of Antibody," issued January 27, 2009). View the complaint here. Bayer Schering Pharma AG et al. v. Teva Pharmaceuticals...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
26 Aug 5:14 pm
... and anticipation must be proven by clear and convincing evidence. Impax Labs., Inc. v. Aventis Pharma., Inc., 545 F.3d 1312, 1314 (Fed. Cir. 2008). When the patent examiner has considered the ... , the removal of pentobarbital sodium and ethoxy benzamide was a predictable and simple variation on the Flick formulation. See id. at 421 ("A person of ordinary skill is . . . a person of ordinary creativity, not an automaton."); Bayer Schering Pharma AG v. Barr Labs., Inc., No. 2008-1282, 2009 U.S. App. ...
Patent Prospector - http://www.patenthawk.com/blog/
26 Aug 9:20 am by Lawrence B. Ebert
... (2007). Here, the removal of pentobarbital sodium and ethoxy benzamide was a predictable and simple variation on the Flick formulation. See id. at 421 ("A person of ordinary skill is . . . a person of ordinary creativity, not an automaton."); Bayer Schering Pharma AG v. Barr Labs., Inc., No. 2008-1282, 2009 U.S. App. LEXIS 17372 (Fed. Cir. Aug. 5, 2009) (affirming an obviousness determination where the patentee was confronted with a limited ...
IPBiz - http://ipbiz.blogspot.com
15 Mar, 2008 7:00 am
... Court decision restraining Ranbaxy from airing its controversial ads directed against Paras Pharma's 'Moov' brand: (Spicy IP), India: Patents on ARV drugs could ... (GenericsWeb), (Patent Docs), Yasmin (Drospirenone) - US District Court declares Bayer Schering Pharma's Yasmin patent invalid for obviousness in its battle with Barr Laboratories: (Patent ... and national offices: (Class 46) More on EPO fee changes: (IPKat), AG's opinion in O2 bubbles trade mark/comparative advertising campaign: (Rouse & ...
IP Thinktank - http://duncanbucknell.com/blog
28 Apr, 2008 11:00 am
... ), Altace (Ramipril) - Canada: Court denies relief from implied undertaking to use information learned on discovery of Schering and Sanofi in one proceeding in another proceeding involving a different party, with the exception of one set of documents: ... - Canada: Application for prohibition dismissed on grounds that allegation of non-infringement not justified: Solvay Pharma Inc and Altana Pharma AG v Apotex Inc: (Gowlings), Pantoloc (Pantoprazole) - Canada: Application for prohibition dismissed on ...
IP Thinktank - http://duncanbucknell.com/blog
19 Sep, 2008 6:00 pm
... Novopharma, Teva and their suppliers of bulk materials: (Pharmacapsules @ Gowlings), Fosamax (Alendronate) - United States: Sun Pharma gets FDA approval for generic Fosamax: (GenericsWeb), Boniva (Ibandronic acid) - United States: Hoffman-La Roche. ... inexpensive generic version of Stocrin: (GenericsWeb), Yasmin (Drospirenone) - Brazil: Federal Court of Appeals declares null Schering's contraceptive patent and opens possibility to question pipeline patents: (IP tango) Australia Innovation patents ...
IP Thinktank - http://duncanbucknell.com/blog
17 Apr, 2008 10:39 am
... what we do best, here's a head start - some more cases we've found on judicial notice of FDA records. Meyers v. Bayer AG, 735 N.W.2d 448, 467-68 (Wis. 2007) (drug approvals and possibly other FDA documents); Horne v. Novartis ... *5 (W.D.N.C. March 25, 2008) ("the Court may take judicial notice of and consider the public records of the FDA, such as the Public Health Advisory"); Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc., ___ F. Supp.2d ___, 2008 WL 582738, at *5 n.1 (E.D. Wis ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
3 Jul, 2008 7:26 pm
... fen-phen may pursue claims for medical monitoring. N.J. Citizen Action v. Schering-Plough Corp., 842 A.2d 174 (N.J. App. Div. July 15, 2003 ... prices do not allege sufficient injury. A further appeal was denied. Williams v. Purdue Pharma Co., 297 F. Supp.2d 171 (D.D.C. Dec. 31, ... and Pennsylvania law. Pennsylvania claims are also barred by the economic loss rule. Lewis v. Bayer AG, 70 Pa. D. & C.4th 52 (Pa. C.P. Nov. 18, 2004). Uninjured users of Baycol may pursue claims for medical monitoring. ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
25 Jun 4:29 am by Beck/Herrmann
... United States, 2006 WL 3741911, at *6 n.1 (N.D. Cal. Dec. 15, 2006). Unspecified "FDA letters" were granted judicial notice in Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc., 547 F. Supp.2d 939, 945 n.1 (E.D. Wis. 2008), amended, 2009 WL 151573 (E.D. Wis. Jan. ... notice was taken of any evidence, the court complied with" Rule 201. Id. at 530-31. See also Meyers v. Bayer AG, 735 N.W.2d 448, 332 n.1 (Wis. 2007) (blanket judicial notice of various FDA " ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
         
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