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22 Jul, 2008 4:54 am
... returning to the Federal Circuit's treatment of two issues, obviousness and inequitable conduct. In Eisai Co. v. Dr. Reddy's
Laboratories, Inc., the Court (in an opinion by Judge Rader joined by Judges Linn and Prost) affirmed the District Court's determination that the patent- ... , the Court illustrated how
its approach to chemical obviousness has developed after KSR Int'l Co. v. Teleflex Inc. and suggested that its inequitable conduct analysis may be returning to the principles ...
30 Mar, 2008 8:26 pm
... Co. v. Teva Pharms. USA, No. 05-5727 (D.N.J. 2008) Eisai Co., Ltd., the Japanese manufacturer of Aricept (donepezil
hydrochloride), has won a preliminary injunction against Teva Pharmaceuticals USA, ... considered the undisclosed information important to deciding whether to allow the application to
issue as a patent." Accordingly, the court concluded that Eisai is likely to succeed on the merits of its case at trial. The court treated the
remaining elements of the preliminary injunction analysis in ...
31 Oct, 2006 6:12 am
Eisai Co., Ltd. (Headquarters: Tokyo, President and CEO: Haruo Naito) and Eisai Inc.
(Headquarters: New Jersey, Chairman and CEO: Hajime Shimizu) today ... Product Name in Japan: Pariet®) on October 6, 2006 (U.S. Eastern time). Eisai won summary judgement for patent validity in its lawsuit against Teva and Dr. Reddy ... The opinion by Judge Gerard E. Lynch of the Southern District of
New York granted Eisai's summary judgement motion confirming the validity of the Aciphex® composition of matter patent in ...
12 Dec, 2007 4:55 pm
By Jason Derry -- Eisai Co., Ltd. and MGI PHARMA, Inc. have announced that Eisai will
acquire MGI PHARMA for approximately $3.9 billion. Eisai is a research-based company focusing on discovery, development, and marketing of
therapeutic products in the fields of neuroscience, gastrointestinal disorders, and oncology. MGI PHARMA is a...
7 May, 2008 1:04 am
Regina (Eisai Ltd) v National Institute for Health and Clinical Excellence Court of Appeal "Procedural fairness required the National
Institute for Health and Clinical Excellence to release a fully executable version of an economic ... would place drug companies at a significant disadvantage in challenging the
reliability of those models." The Times, 7th May 2008 Source: www.timesonline.co.uk Please note the Times Law Reports are only available free on Times Online for 21 days from the
date of ...
12 May, 2007 8:31 pm
YNET reported that the US District Court for the Southern District of New York upheld Eisai's patent on the drug, Aciphex, a decision adverse
to Teva, who had already received Food and Drug Administration approval for ... "defendants have failed to establish their defense of inequitable conduct by clear and convincing
evidence." [Dr. Reddy's Laboratories Ltd. of India was also involved in the case.] Johnson & Johnson Inc. co-markets Aciphex with Eisai reported $1.24 billion in 2006 sales of the ...
25 Jul, 2008 7:04 am
... page: [duncanbucknell.com] Highlights this week included: CAFC affirms validity and enforceability of Eisai's compound patent on Aciphex;
elucidates current standard for obviousness of chemical composition ... matter patents: Eisai v Reddy's Lab's and Teva Pharma: (Orange Book
Blog), (Patent Docs), (Patent Prospector), (IP Law360), (Hal ... anticipatory public disclosure: Johnson & Johnson Inc v Boston Scientific Ltd: (International Law Office), IT
World Canada launches copyright reform blog: (Michael ...
13 May 11:44 pm
... between the claimed compound and the prior art compound[]." Eisai Co. Ltd. v. Dr. Reddy's Labs., Ltd., 533 F.3d 1353,
1356-57 (Fed. ... of the obviousness inquiry, the requisite motivation [to modify] can come from any number of sources." Eisai, 533 F.3d at
1357 (citation omitted). Thus, in addition to structural similarity between the ... ' may present a difficult hurdle because potential solutions are less likely to be genuinely
predictable." Eisai, 533 F.3d 1353, 1359 (quoting KSR, 127 S. Ct. at ...
28 May 6:55 pm
... and differences between the claimed compound and the prior art." Eisai Co. Ltd. v. Dr. Reddy's Labs., Ltd., 533 F.3d
1353, 1356-57 (Fed. ... the patent examiner relied on the compounds of the '518 patent during the prosecution of the '579 patent. Cf. Eisai,
533 F.3d at 1357 ("Indeed, Teva's pharmacology expert . . . declined to opine ... You Still Need Motivation to Render Drug Patent Obvious Eli Lilly & Co. had its patent on
Zyprexa®, the... Related posts brought to you by Yet Another Related Posts ...
17 Jul 1:43 am
... judge erred in considering defendant mother's refusal to consent to a Caesarean section." Fernandez v. Nationwide Mutual Fire Ins. Co. INSURANCE LAW - PIP Reimbursement "A
carrier who has paid PIP benefits to an insured is entitled to reimbursement from the ... foreclosure actions, the court dismisses plaintiff's claims that defendants charged
unauthorized fees and overcharges." Eisai Co., Ltd. v. Teva Pharmaceuticals USA Inc. INTELLECTUAL PROPERTY - Patents "In granting
Eisai's motion to strike in ...
24 Jul 1:49 am
... judge erred in considering defendant mother's refusal to consent to a Caesarean section." Fernandez v. Nationwide Mutual Fire Ins. Co. INSURANCE LAW - PIP Reimbursement "A
carrier who has paid PIP benefits to an insured is entitled to reimbursement from the ... foreclosure actions, the court dismisses plaintiff's claims that defendants charged
unauthorized fees and overcharges." Eisai Co., Ltd. v. Teva Pharmaceuticals USA Inc. INTELLECTUAL PROPERTY - Patents "In granting
Eisai's motion to strike in ...
18 May, 2007 1:23 am
... Pain at Face Value Riordan v. Barnhart U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Intellectual Property Competitors' Attempts to Market Generic Product Infringed Valid Patent
on Drug's Active Ingredient Eisai Co., Ltd. v. Dr. Reddy's Laboratories Ltd. U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW
YORK Criminal Practice Faulty Jury Instruction Leads to Recommendation That Robber of Tourist Be Granted Habeas Relief Brown v. ...
18 Nov, 2007 5:57 pm
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. Eisai Co., Ltd. et al. v. Teva Pharmaceuticals USA, Inc. et al. 2:07-cv-05489; filed November 14, 2007 in the...
13 Dec, 2007 8:26 pm
By Suresh Pillai -- Last month, Morphotek, Inc., a subsidiary of Eisai Co., Ltd. based in Exton, Pennsylvania, announced that it
had been granted U.S. Patent No. 7,235,643 ("Antibodies and methods for generating genetically altered antibodies with high affinity," issued June 26, 2007). This is the eleventh U.S.
Patent awarded...
4 Apr, 2008 1:00 am
... for generic Abilify: (IP Law360), Aricept (Donepezil) - US federal judge grants Eisai's request for preliminary injunction blocking Teva
from marketing generic version of Aricept: ... statistics for 2007: (Panawell & Partners, LLC), (Post-Grant), (Rouse & Co International), Defendant appealed in No.1
Chinese patent litigation: Chint Group v ... patent case Chi Mei Optoelectronics Corporation v LG Phillips LCD Co Ltd et al transferred to Delaware: (EDTexweblog.com), (IP
Law360), Citicorp Credit ...
8 Jul 7:04 am
... and SPC both valid: Generics (UK) Ltd v Daiichi Pharmaceutical Co Ltd and Daiichi Sankyo Co Ltd (PatLit) (IPKat) (The SPC Blog) (The SPC Blog ...
and SPC both invalid: Generics (UK) Ltd v Daiichi Pharmaceutical Co Ltd and Daiichi Sankyo Co Ltd (PatLit) (IPKat) (The SPC Blog) (The SPC Blog ...
Apotex seeks declaratory judgment of non infringement in conjunction with its ANDA for manufacture generic version of Eisai's Aricept (Patent
Docs) Avandia (Rosiglitazone) - Israel: Unipharm successfully opposes and ...
24 Jul, 2008 4:46 pm
... a matter of law, and that the evidence did not support a finding of inequitable conduct. The Federal Circuit, applying KSR Int'l Co. v. Teleflex Inc. in the context of
similarly-structured chemical compounds stated: "[P]ost-KSR, a prima facie case of obviousness for ... questionable conduct had occurred, but ultimately the court said it was clear that
no intent to deceive had existed. Therefore, no inequitable conduct had occurred. More on Eisai Co. v. Dr. Reddy's Labs., Ltd.
after the jump. [More]
6 Aug 9:16 pm
... gone astray from the "a high bar" Judge Rader (at right) believes the Court's earlier case law requires for establishing this affirmative defense. (See his opinion is
Eisai Co. v. Dr. Reddy's Laboratories, Inc., citing Kingsdown Medical Consultants, Ltd. v. Hollister Inc., 863 F.2d 867, 876
(Fed. Cir. 1988)). Evidence of such straying can be found in recent decisions that expanded the conduct ...
2 Aug, 2008 12:54 am
... GPhA lobbies for follow-on biologics pathway: (Patent Docs) Pharma & Biotech - Products Aciphex (Rabeprazole) - US: Eisai patent
survives obviousness claim post-KSR: ... International), Investigation of site conducting online sales of pirated software: (Rouse & Co International), Sisley wins unfair
competition case against Shenzhen Sistains: (Rouse ... footballer Joey Barton: (Class 46), Minimax GMBH & Co v. Chubb Fire Ltd: (IPKat), 70 Positives for PDCO in First
Year of Operation: (The SPC ...
25 Jul, 2008 2:11 am
... in favor of Eisai in Aciphex patent infringement suit against Teva Pharmaceuticals and Dr. Reddy's Laboratories . Eisai v. Dr. Reddy's and Teva (07-1397/98) After Eisai filed infringement actions contesting Teva Pharmaceuticals
... . See Takeda Chem. Indus. v. Alphapharm Pty., Ltd., 492 F.3d 1350, 1356 (Fed. Cir. 2007). In keeping with the flexible nature of the obviousness inquiry, KSR Int'l Co.
v. Teleflex Inc., 127 S. Ct. 1727, 1739 (2007), the requisite motivation can come from any number of ...
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