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7 Apr, 2008 9:53 pm by Donald Zuhn
By Kevin E. Noonan -- The echoes of the Supreme Court's recent spate of reversing the Federal Circuit continue to reverberate, and perhaps nowhere so loudly as in the Federal Circuit's developing declaratory judgment jurisprudence. Or perhaps it would be more accurate to say in the total collapse of that...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
5 Sep, 2007 8:38 pm by Donald Zuhn
By Kevin E. Noonan -- The Federal Circuit today affirmed a District Court finding that ANDA filer Ivax Pharmaceuticals and co-Defendant Cipla had not shown by clear and convincing evidence that Forest Laboratories' patent-in-suit for Lexapro® was invalid. In doing so, the CAFC answered (for now) the question of whether...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
12 Nov, 2008 4:09 pm
On Monday, November 10, 2008, Forest Laboratories, Inc. filed a quarterly report with the Securities and Exchange Commission, revealing that it had agreed in principle to a settlement amounting to $65 million in In re: Forest Laboratories, Inc. Securities Litigation, 05-cv-02827 (S.D. NY).
Drug Injury Lawyer Blog - http://www.druginjurylawyerblog.com/
25 Aug, 2008 4:10 am by Donald Zuhn
... declaratory judgment jurisdiction jurisprudence ever since the Supreme Court's Medimmune, Inc. v. Genentech, Inc. decision. These cases have included SanDisk Corp. v. ... Pharmaceuticals Corp., Benitec Australia, Ltd. v. Nucleonics, Inc., Caraco Pharmaceutical Laboratories, Ltd. v. Forest Laboratories, Inc., and just last week, Prasco LLC v ... trend continues, albeit in a nonprecedential opinion, in Merck & Co. v. Apotex Inc. In a per curiam decision from a panel made up of CAFC Judges Mayer and ...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
11 Sep, 2008 4:55 am by Donald Zuhn
... have been directed to the proper jurisdictional scope of declaratory judgment actions filed in ANDA cases, where a generic drug company has filed its ANDA on a drug having at least one patent listed by the innovator in the FDA Orange Book. These cases include Caraco Pharmaceutical Laboratories, Ltd. v. Forest Laboratories, Inc. and Merck & Co. v. Apotex,...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
7 Apr, 2008 10:55 am by David Bruns
... as in matters relating to pharmaceutical products. Specifically, the court held in Caraco Pharmaceutical Laboratories, Inc, Ltd. v. Forest Laboratories, Inc. (April 1, 2008) that the district court had erred in declining to exercise jurisdiction ... approval to market its generic product. In an attempt to prevent Caraco from raising invalidity via a declaratory judgment action, Forest gave Caraco a covenant not to sue on the '941 patent. Based on that covenant, the district court granted Forest's ...
Tags: Patent
IP Blawg - http://iplaw.blogs.com/content/
17 Jan, 2008 10:00 pm
... infringement case so Novartis and Apotex can attempt to reach a settlement: (IP Law360), Namenda (Memantine) - Forest Laboratories Inc. file patent infringement lawsuits against Teva, Barr and others seeking to sell generic ... copyright infringement action against LensWorld for keyword advertising and mimicking their FAQs: (Trademark Blog) Abbott Laboratories - Abbott appeals a multiplicity of issues with varying success in its patent dispute with Innogenetics : (Patently-O), (Patent Prospector), ...
IP Thinktank - http://duncanbucknell.com/blog
5 Sep, 2007 11:40 am
... ANDA) to the FDA seeking approval to market generic tablets containing escitalopram oxalate ("EO"), the active ingredient in Lexapro®. Forest Laboratories, Inc., which owns the patent for Lexapro®, sued Ivax under the Hatch-Waxman Act, which provides that the mere filing of an ANDA is an act of infringement. During discovery, Forest learned that part of Ivax's ANDA submission included information provided by Mumbai-based Cipla, Ltd., Ivax's alleged EO ...
Maryland Intellectual Property Law Blog - http://www.marylandiplaw.com/
5 Sep, 2007 11:40 am
... ANDA) to the FDA seeking approval to market generic tablets containing escitalopram oxalate ("EO"), the active ingredient in Lexapro®. Forest Laboratories, Inc., which owns the patent for Lexapro®, sued Ivax under the Hatch-Waxman Act, which provides that the mere filing of an ANDA is an act of infringement. During discovery, Forest learned that part of Ivax's ANDA submission included information provided by Mumbai-based Cipla, Ltd., Ivax's alleged EO ...
Maryland Intellectual Property Law Blog - http://www.marylandiplaw.com/
1 Jun 3:36 am
... MDL because they involved injuries other than suicide. The new suit, Universal Care, Inc., et al. v. Forest Laboratories, Inc., et al., on the other hand, involves allegations relating to Forest Laboratories Inc.'s ... Merchandising Practices Act and makes claims for unjust enrichment, fraudulent concealment , and misrepresentation. The plaintiffs in this case claim that Forest engaged in improper promotional activities, causing third-party payors to reimburse patients and health care institutions ...
Mass Tort Defense - http://www.masstortdefense.com/
13 Feb, 2008 6:19 pm
... brand and generic drug makers (source: Justia). #7: Forest Laboratories, Inc. v. Lupin Pharmaceuticals, Inc., No. 1:2008cv00239, filed January 28, 2008; ... Book-listed U.S. Patent No. 5,061,703. Plaintiff Forest Labs. Holdings, Ltd., is an Irish company based in Bermuda; plaintiffs Merz Pharma ... because they claim not to be able to determine with certainty which one of Lupin, Inc., or Lupin Ltd. was the actual filer of the ANDA. This move was in anticipation of a jurisdictional challenge by Lupin ( ...
Maryland Intellectual Property Law Blog - http://www.marylandiplaw.com/
7 Oct 6:44 am by Andrew A. Lundgren
... construction objections. Such validity arguments are not properly resolved at the claim construction stage." The Court's decision stands as a warning to D. Del. practitioners: aggressive Markman tactics will not succeed in this district. (See also footnote 5 of the Court's opinion.) Forest Laboratories Inc. v. Cobalt Laboratories Inc., C.A. No. 08-021-GMS-LPS (D. Del. Sept. 21, 2009) (Sleet, C.J.).
Delaware IP Law Blog - http://www.delawareiplaw.com/
11 Apr, 2008 9:00 am
... (IP Law360), (GenericsWeb), Lexapro (Escitalopram) - CAFC decision in Caraco Pharmaceutical Laboratories, Ltd. v. Forest Laboratories, Inc. turns law of declaratory judgment on its head: (Patent Docs), ... - US CAFC upholds Ortho-McNeil's Topamax patent in dispute with Mylan Laboratories and in companion case against Cobalt Pharmaceuticals: (Patent Docs), (IPBiz), (Patent Docs ... but not false advertising claim: Trans USA Products, Inc v Howard Berger Company, Inc: (43(B)log), Tyco - Common law claims ...
IP Thinktank - http://duncanbucknell.com/blog
6 Feb 8:19 am by Kristina Moore
... The filings are below. __________________ Docket: 08-457 Title: International Shipping Agency, Inc., v. Puerto Rico Ports Authority, et al. Issue: Whether a state-created ... of petitioner) __________________ Docket: 08-624 Title: Forest Laboratories, Inc., et al., v. Caraco Pharmaceutical Laboratories, Ltd. Issue: Whether a generic drug company has ... Docket: 08-754 Title: Singleton, et al., v. Volkswagen of America, Inc., et al. Issue: Whether and under what circumstances a court of appeals may issue ...
SCOTUSblog - http://www.scotusblog.com/wp/
3 Mar 12:06 pm
... Celexa and Lexapro for unapproved pediatric use and for paying doctors to prescribe the drug through illegal kickbacks. Forest Laboratories Inc. is charged with influencing doctors with cash payments disguised as grants. The company was prohibited from promoting the drugs for pediatric use ... dangerous in a double-blind, placebo-controlled pediatric trial. Click here to read the full article, "United States Files Complaint Against Forest Laboratories for Allegedly Violating the False Claims Act."
Quitam Help - http://www.quitamhelp.com/
28 Aug, 2008 4:24 am
... class action In re Forest Laboratories, Inc. Securities Litigation, 1:05-cv-02827 (S.D.N.Y.), has been set for trial on November ... Court of New York in March 2005, the action is being prosecuted by class representatives who claim that Forest violated federal securities laws in marketing and promoting its SSRI antidepressants, Celexa ... notice stipulation, the court set the trial date for November 3, 2008. Notably, in Forest's August 8, 2008 filing with the federal Securities and Exchange Commission ...
Drug Injury Lawyer Blog - http://www.druginjurylawyerblog.com/
29 Jul, 2008 3:01 pm
... 4:06-md-01736 (RWS), a Multidistrict Litigation with approximately 42 cases alleging suicidal injuries caused by either Celexa or Lexapro, the defendants, Forest Laboratories, Inc. and Forest Pharmaceuticals, Inc. moved to dismiss 22 of the cases on conflict preemption grounds. The cases in question all involved plaintiffs or decedents who were over the age of 24 at the time of their suicidal event or their suicide.
Drug Injury Lawyer Blog - http://www.druginjurylawyerblog.com/
21 Oct 9:54 pm by Patent Docs
... in the U.S. District Court for the Southern District of New York has awarded Infosint $15 million as a reasonable royalty in Infosint's patent dispute with Lundbeck A/S and Forest Laboratories, Inc. over the patent covering Lexapro®. The patent-in-suit, U.S. Patent No. 6,458, ... antidepressant marketed under the trade names Celexa® and Lexapro®. In the suit, originally filed in April 2006, Infosint accused both Lundbeck and Forest Labs of infringing the '973 patent. In response,...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
5 Sep, 2007 3:50 pm by Barry Barnett
... the time to give them the attention they doubtless deserve and therefore offer a mere summary (with links!): Zila, Inc. v. Tinnell, No. 05-15031 (9th Cir. Sept. 5, 2007) -- Can a U.S. patent ... the U.S. patent? No, but he can get them for a Canadian patent. Forest Laboratories, Inc. v. Ivax Pharmaceuticals, Inc., No. 07-1059 (Fed. Cir. Sept. 5, 2007) -- Validity of a "reissue" patent on escitalopram oxalate as against allegations of anticipation, obviousness, and improper broadening. Mitutoyo Corp. ...
Blawgletter - http://blawgletter.typepad.com/bbarnett/
2 May, 2007 9:17 am by Senior Editor
... the year the agency warned the public about the risks of the drugs in children. The proposed label changes would apply to all antidepressants, including Lexapro (Forest Laboratories Inc.), Paxil (GlaxoSmithKline PLC), Prozac (Eli Lilly and Co.) and Zoloft (Pfizer Inc.). Some of the drugs are available in generic form as well. Messages left with the companies were not immediately returned.
LawInfo Weblog - http://blog.lawinfo.com
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