Blawg Search - Law Blogs, Lawyer Blogs, Legal Blogs Directory & Search Engine

... 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, Inc., keeping Teva's generic version of ... 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 ...

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 ... 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 acid reflux drug worldwide.

... jurisprudence has 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 deemed by certain...

... , Associate Solicitor, United States Patent and Trademark Office, Solicitor's Office Hon. John C. Lifland (Ret.), District Judge, JAMS Michael M. Shih, Director, Business Development, Eisai Inc. Aaron Stiefel, Kaye Scholer LLP Errol B. Taylor, Milbank, Tweed, Hadley & McCloy ... A. Tegfeldt, Director, Business Initiatives and Strategy, Genzyme Corporation Roy F. Waldron, Assistant General Counsel, Pfizer Inc. Program Attorney John M. Mola, Practising Law Institute

... v. DR. REDDY'S LABORATORY and TEVA PHARMACEUTICALS (Fed. Cir. 2008) Eisai's blockbuster ulcer drug AcipHex boasts over $1 billion in annual worldwide ... to require a finding of intent to deceive." Kingsdown Med. Consultants, Ltd. v. Hollister Inc., 863 F.2d 867, 876 (Fed. Cir. 1988) (en banc) (citing Norton v ... this report to add a squishy word: "often." The modified sentence now reads: "However, the Eisai decision cabins-in KSR's importance by showing that the assumptions found in KSR often do not ...

... 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 ... court found that Dr. Reddy's and Teva failed to prove the remaining allegations of inequitable conduct and that Eisai had established that Dr. Reddy's and Teva infringed Eisai's patent ... 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 ...

... of industrial application: Eli Lilly & Co v Human Genome Sciences Inc; (IPKat), US: FDA seeks input on FDCA § 301(ll) prohibition on introducing into ... GPhA lobbies for follow-on biologics pathway: (Patent Docs) Pharma & Biotech - Products Aciphex (Rabeprazole) - US: Eisai patent survives obviousness claim post-KSR: ... 46), Beauty, Beast and Hunchback score dramatic victory - Disney Enterprises Inc. sues German Concert Promoter: (IPKat), Exemplary damages / wilful infringement - presentation ...

... (Patent Docs), Aricept ODT (Donepezil) - Eisai sues Mutual Pharmaceutical Co., Inc. and United Research Laboratories, Inc. claiming that its ANDA filing for Aricept ODT ... against former employee Jameel Ahed and his company, Robotic FX, Inc.: (Fox Business), (Business Week), Marriott - Third Circuit considering how to analyse false celebrity endorsement claims under the Lanham Act in Lewis v Marriott International Inc.: (43(B)log) Qwest Communications - Qwest settles patent litigation with Ronald ...

... a way of putting stumbling-blocks before patent applicants. Teva Pharmaceutical Industries Ltd and another v Merrell Pharmaceuticals Inc, Aventis and Sepracor [2007] EWHC 2276 (Ch) was a Patents Court decision of Mr Justice Warren last Friday, 12 ... an existing treatment. Mr Waugh points out, however, that the Technical Board of Appeal in the EPO has recently interpreted the Eisai decision differently to the Court of Appeal in Bristol-Myers and expressly declined to follow it. He says that the law ...

... restriction of a communications data warrant was unnecessarily restrictive of the state's right of investigation." International School Services Inc. v. New Jersey Department of Labor and Workforce Development WORKERS' COMPENSATION - Overseas Employees "An order ... unauthorized fees and overcharges." Eisai Co., Ltd. v. Teva Pharmaceuticals USA Inc. INTELLECTUAL PROPERTY - Patents "In granting Eisai's motion to strike in this patent infringement case, the judge erred where she misapplied Rule 9(b) ...