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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...
5 Jul 9:13 pm
... week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring. Daiichi Sankyo Co., Ltd. et al. v. Apotex, Inc. et al. 1:09-cv-03997; filed July 2, 2009 in ... :09-cv-00470;
filed June 26, 2009 in the District Court of Delaware • Plaintiffs: Daiichi Sankyo Co. Ltd.;
Daiichi Sankyo, Inc. • Defendants: Apotex Inc.; Apotex Corp. The complaints in these
cases are substantially identical. Infringement of ...
8 Jul 7:04 am
... Step) (Patent Docs) (EDTexweblog.com) (Tavanic) Levofloxacin - UK: EWCA upholds decision that Daiichi's Levofloxacin patent and SPC both
valid: Generics (UK) Ltd ... Pharmaceuticals (Australia) Pty Ltd v Wyeth (IPRoo) Evoxac (Cevimeline) - US: Daiichi Sankyo files patent infringement suits in Delaware and Illinois in response to Apotex ... Canada: FC rejects request for generic Viagra, expresses discomfort
over construction of patented compounds: Pfizer Canada Inc v Novopharm Limited (Global IP Watch ...
11 Jul, 2008 4:30 am
... (IP Law360), Floxin (Olfoxacin) - US: Apotex will be allowed to file antitrust counterclaims in ongoing patent infringement suit with Daiichi Sankyo over antibacterial ear medicine: (IP Law360), Levaquin (Levofloxacin) - Canada: Court dismisses
Apotex claims of ... New rules for Australian IP attorneys: (Managing Intellectual Property) Canada Federal Liberal Party sued by Green Shift Inc for misappropriation of
corporate name and trade mark GREEN SHIFT: (Canadian Trademark Blog), 61 reforms to C-61: ...
12 Jul, 2007 6:45 am
Daiichi Sankyo Co., Ltd. v. Apotex, Inc. (06-1564) July 11, 2007 (non-precedential)
Daiichi held a patent drawn to a method for treating bacterial ear infections by topically administering the antibiotic ... of the invention,
Inventor Sato was a university professor specializing in otorhinolaryngology; Inventor Handa was a clinical development department manager at Daiichi, where he was involved with new drug development and clinical trials; and Inventor Kitahara was a research scientist at Daiichi ...
13 Jun, 2008 3:40 am
... demand for lower-priced drugs, with Teva poised to maintain lead position says Goldman Sachs analyst: (GenericsWeb), Daiichi
Sankyo takeover of Ranbaxy: (Profitability through Simplicity), (Spicy IP), (GenericsWeb), Canada: Generics to penetrate 26% pharma market ...
Equipment Pty Ltd v Glen Cameron Storage: (IPRoo), TMO decides SIX IN THE CITY registrable: Home Box Office, Inc v Susan Stigwood Pty Ltd: (IPRoo), Employment qualifications for
registered patent attorney: White v Designated Manager of ...
20 Jun, 2008 8:07 am
... rights collide in dispute over Allos domains: Pankajkumar Patel v Allos Therapeutics Inc: (IPKat), Dispute between estate of CS Lewis and Scottish couple over ... - Marks
& Clerk Biotechnology Report 2008: (IP finance), Pfizer and Daiichi-Sankyo's bidding for Ranbaxy:
(IP ThinkTank), (IAM), (Managing Intellectual Property), ... available for series of infringements where work was registered after first infringement: Derek Andrew, Inc v Poof
Apparel Corp: (IP Law Observer), Pressure Products Medical ...
13 Sep, 2007 3:57 am
In Daiichi Sankyo Co., LTD v. Apotex, Inc., et al. (reissued as a precedential opinion on
Septmembr 12, 2006), the Federal Circuit looked to the experience of the inventors to hold that prior art publication directed at ... invention, Inventor Sato was a university professor
specializing in otorhinolaryngology; Inventor Handa was a clinical development department manager at Daiichi, where he was involved with new
drug development and clinical trials; and Inventor Kitahara was a research scientist at ...
5 Jun, 2008 9:39 pm
The following Associated Press item appeared yesterday, June 4, 2008, on CNN Money: Generic drug maker Mylan Inc. said Wednesday it is being sued by Japanese drug maker
Daiichi Sankyo for patent infringement on blood pressure drug Azor. Mylan said Daiichi Sankyo filed the suit in a New Jersey federal court Tuesday against its India-based unit Matrix Laboratories
Ltd., citing Matrix's application earlier this year with the ...
18 Jul, 2008 8:34 am
... WIPO symposium to discuss life sciences multilateral environmental agreements: (Daily Dose of IP), Daiichi Sankyo and Ranbaxy confirm deal is binding and final, allay market rumour ... against Apotex reverse doctrine of equivalents: Roche Palo Alto & Allergan,
Inc v Apotex: (Patent Circle), Carbatrol (Carbamazapine) - US: Federal judge allows ... infringement case, relies on patentee's advice on counsel: Fisher Tools Co, Inc v
Gillet Outillage: (IP Spotlight), Google - Google accused of ad fraud by ...
22 Feb, 2008 6:00 pm
... Pharma & Biotech - Products Floxin (Ofloxacin) -US Supreme Court declines Daiichi Sankyo's
request for appeal of CAFC decision reversing Daichii's initial ... Chancery Division this time: Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc.: (IPKat), CPA to float?
UK patent service providers report record profits ... Law360), Sanofi-Aventis - Sanofi-Aventis files suit against Safety Syringes Inc in attempt to defend itself against patent
infringement allegations that are part of a different lawsuit ...
3 Mar, 2008 9:27 pm
... Ltd. v. Alphapharm Pty., Ltd. (Fed. Cir. 2007) 4. McNeil-PPC, Inc. v. Perrigo, Co. (S.D.N.Y. 2007); 5. In re Omeprazole ... .I. 2007) 7. In re Sullivan (Fed. Cir. 2007) 8.
Daiichi Sankyo Co. v. Apotex, Inc. (Fed. Cir. 2007) 9. Aventis Pharma Deutschland GmbH v ...
an "obvious to try" test. See KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, ___, 82 USPQ2d 1385, 1394, 1396 (2007 ... might show that it was obvious under § 103. KSR Int'l Co.
v. Teleflex Inc., 127 S. Ct. 1727, ___, 82 USPQ2d 1385, 1397 (2007). ...
12 Sep, 2007 10:06 am
... cutting the cases into tasty morsels, we offer these savory chunks: Daiichi Sankyo Co., Ltd. v.
Apotex, Inc. , No 06-1564 (Fed. Cir. Sept. 12, 2007) -- Patent ... a method for treating bacterial ear infections fails the pre-KSR test for obviousness. ACCO Brands, Inc.
v. ABA Locks Manufacturer Co., Ltd., No. 06-1570 (Fed. Cir. Sept. ... failed to support the jury's verdict of infringement by inducement. Arminak & Assocs., Inc. v.
Saint-Gobain Calmar, Inc., No. 06-1561 (Fed. Cir. Sept. 12, 2007) -- ...
17 Jun 5:02 am
... in revenue last year, $7.7 billion of it in the U.S. Ranbaxy Laboratories Ltd., India's biggest drugmaker and majority owned by Japan's Daiichi Sankyo Co., settled a lawsuit filed by Pfizer and plans to enter the market in November 2011. Pfizer already
is suing Apotex Inc. and Teva Pharmaceutical Industries Ltd. to prevent them from selling copies of the medicine before then. Read the full article here.
18 Jul, 2007 5:01 am
... Circuit during the 28th calendar week of 2007. All opinions are precedential unless otherwise indicated. Pharmasterm Therapeutics, Inc. v. Viacell, Inc., et al.
(07/09/2007): appeal of judgment as a matter of law ("JMOL") orders on infringement ... deemed untimely; equitable tolling was deemed unwarranted because plaintiff was not mislead or
misinformed about deadlines for seeking judicial review Daiichi Sankyo Co. v. Apotex (07/11/2007,
non-precedential): appeal of judgment of infringement and that ...
6 Jun, 2008 6:49 am
... : (IP Law360), Pharma & Biotech - Products Azor (Amlodipine/Olmesartan) - US: Daiichi Sankyo
files patent infringement suit against Mylan unit, Matrix Lab's ... relaxes approach to Swiss claims: Actavis UK Limited v Merck & Co Inc: (Managing Intellectual Property),
Protonix (Pantoprazole) - US: Would-be class action plaintiffs Dik ... and summary disposal: Memcor Australia Pty Ltd v Zenon Environmental Inc: (IPRoo), Extension of time to
file evidence in opposition: Timtech Chemicals Pty Ltd v ...
17 Apr 12:00 am
... - Novartis alpha crystalline form patent invalidated at pre - grant opposition (PatentCircle) Levaquin (Levofloxacin) - Daiichi
Sankyo Co. Ltd. sues 11 generics companies over Levaquin patents (Law 360) Lexapro (Escitalopram) - Netherlands District court invalidates
Lundbeck's patent EP '066 ( ... public comment to FDA (FDA Law Blog) Xeloda (Capecitabine) - Hoffmann-La Roche Inc. sues Mylan Pharmaceuticals Inc. over generic Xeloda
ANDA (Law 360) Xeloda (Capecitabine) - Mylan ...
11 Jul, 2007 9:50 am
In a nonprecedential ruling today, the Federal Circuit held that the district court incorrectly determined the level of ordinary skill in the art, and that when the level of skill was
determined correctly, the invention was obvious based on a prior art reference that was directed toward those having greater skill than the district court determined. More detail of
Daiichi Sankyo Co. v. Apotex, Inc. after the jump. [More]
12 Sep, 2007 12:18 pm
Today the Federal Circuit decided to change the status of Daiichi Sankyo Co. v. Apotex, Inc.
(previously blogged about here), from nonprecedential to precedential. This is noteworthy because this was one of the first obviousness cases decided by the Federal Circuit after KSR,
and dealt specifically with one of the Graham factors: the level of ordinary skill in the art. Click here for our previous summary, and here for the full decision.
19 Sep, 2007 9:55 pm
Daiichi Sankyo Co. v. Apotex, Inc. (Fed. Cir. 2007) (reissued as precedential) By Robert
Dailey -- Much of patent law depends on the attributes of the hypothetical "person having ordinary skill in the art" (PHOSITA). Particularly, claim construction and obviousness
determinations depend on how the court defines PHOSITA for the...
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