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19 May 4:23 am by Patent Docs
... decision affirming the district court's claim construction and summary judgment of noninfringement in Abbott Laboratories v. Sandoz, Inc., the Court of Appeals for the Federal Circuit took the opportunity to reconcile a long-standing conflict in its precedent. ... , the court expressly overruled its earlier panel decision in Scripps Clinic & Research Foundation v. Genentech, Inc. in favor or the contrary panel decision in Atlantic Thermoplastics Co. v. Faytex Corp.; the decision affirms the ...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
10 Sep 9:59 pm by Patent Docs
... the quagmire that can exist when lower courts attempt to apply the CAFC's rather quixotic jurisprudence on claim construction. The case, Sanofi-Aventis U.S. LLC v. Sandoz, Inc.(1), arose as the result of ANDA filings by several Defendants for oxaliplatin, the active ingredient in Sanofi's Eloxatin® colorectal cancer drug. Two claims of the patent at issue, U.S. Patent No. 5,338,874, were asserted against the Defendants: 1. ...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
29 Oct, 2008 4:53 am by Donald Zuhn
... E. Noonan --The Court of Appeals for the Federal Circuit affirmed grant of a preliminary injunction in Abbott Laboratories v. Sandoz on October 21, and also affirmed the District Court's determination that the patents-in-suit were not rendered unenforceable by inequitable conduct during prosecution (although defendant Sandoz will be able to pursue this defense at trial). In coming to both conclusions, the majority decision illustrated nicely the appellate penchant (and ...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
31 Oct, 2008 3:32 am by Donald Zuhn
Opposing Federal Circuit Preliminary Injunction Standards in Abbott Laboratories v. Sandoz By Kevin E. Noonan -- The decision of the Court of Appeals for the Federal Circuit in Abbott Laboratories v. Sandoz, affirming the District Court's grant of a preliminary injunction, nicely illustrates the way the Federal Circuit exercises its prerogatives in applying the abuse of discretion standard. In our previous post, we discussed the portion of the decision relating to how the CAFC reviewed the ...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
24 Feb 9:58 pm by Mark Zamora
News from Alabama yesterday: Jurors ordered Sandoz Inc. pay the State Government of Alabama $78.4 million for causing the state Medicaid program to pay too much for prescription drugs from 1991 to 2005. Evidence at trial? The evidence included a company memo that said: "Go forward and take the position of a Roman legion, be greedy and take no prisoners." Source here.
A Georgia Lawyer - http://ageorgialawyer.blogspot.com
15 Jul, 2008 1:21 pm by Michael Stevens
... adopted the learned intermediary doctrine from the Restatement (Third) of Torts in Larkin v. Pfizer, Inc., which relives a drug manufacturer from liability to the ultimate consumer if it provides adequate warning about the drug to the prescribing physician. Sandoz argued information in the package insert for Parlodel and the PDR, as well as direct letters to doctors, sufficiently noted the risks and seizure and hypertension for ...
Kentucky Cases - http://www.kycases.com/
1 Dec, 2008 7:40 pm by Lawrence B. Ebert
... the PatentHawk blog focusses on the injunction standards enumerated in the case Abbott Labs v. Sandoz,2008 U.S. App. LEXIS 21880 , decided on Oct. 21, and arrives ... worked through, among other things, anticipation and obviousness defenses put forward by Sandoz, which analyses make for interesting reading. But, in terms of the panel vote, note Before ... , starting with the First Circuit, the court summarized the standard in Wine and Spirits Retailers, Inc. v. Rhode Island, 418 F.3d 36 (1st Cir. 2005): ...
IPBiz - http://ipbiz.blogspot.com
18 Nov 4:57 am
... of patents within a corporate enterprise - Novartis Pharm. Corp. v. Teva Pharm. USA, Inc. (Property, intangible) US: How do you solve a problem like Sidewiki (FDA Law Blog) ... filed in response to Paragraph IV certification - Novartis AG et al. v. Apotex Inc. et al. (Patent Docs) Prandimet (Repaglinide and Metformin) - US: Patent infringement suit filed in response to Paragraph IV certification: Novo Nordisk Inc. et al. v. Sandoz Inc (Patent Docs) Roundup Ready soybean seed - US: Monsanto files ...
IP Thinktank - http://duncanbucknell.com/blog
18 Nov 4:57 am
... of patents within a corporate enterprise - Novartis Pharm. Corp. v. Teva Pharm. USA, Inc. (Property, intangible) US: How do you solve a problem like Sidewiki (FDA Law Blog) ... filed in response to Paragraph IV certification - Novartis AG et al. v. Apotex Inc. et al. (Patent Docs) Prandimet (Repaglinide and Metformin) - US: Patent infringement suit filed in response to Paragraph IV certification: Novo Nordisk Inc. et al. v. Sandoz Inc (Patent Docs) Roundup Ready soybean seed - US: Monsanto files ...
IP Thinktank - http://duncanbucknell.com/blog
19 Apr, 2006 1:20 am by David Bruns
... the District of Columbia last week ruled that the FDA's failure to act on a New Drug Application ("NDA") filed by Sandoz, Inc. within 180 days violated a Congressional mandate. The court entered summary judgment in favor of Sandoz and ... approve an NDA within 180 days after filing unless it finds "that none of the grounds for denying approval" exists. According to Sandoz, the FDA's failure to act on the application is "arbitrary, capricious and an abuse of discretion" and, therefore, unlawful under ...
Tags: Life, Sciences
IP Blawg - http://iplaw.blogs.com/content/
12 Jun, 2007 4:33 am
... May 24, 2007) (Coar, J.). Judge Coar denied defendant Sandoz, Inc.'s ("Sandoz") motion to stay the Court's preliminary injunction pending appeal ... claim construction and because of the Supreme Court's KSR decision. First, Sandoz argued that two different Federal Circuit panels had issued differing rulings ... opinion. Second, the Court held that the KSR decision did not change its analysis of Sandoz's likelihood of success on its obviousness argument. The Court provided a detailed explanation of KSR ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
25 May 5:20 pm
... banc terms in product-by-process claims are limitations in determining infringement: Abbott Laboratories v Sandoz (Peter Zura's 271 Patent Blog) (Patent Docs) (Inventive Step) ( ... Technology (IP Watchdog) CAFC: Inequitable conduct holding vacated: Dickson Industries, Inc v Patent Enforcement Team, LLC (not precedential) (Patently-O) District ... judgment due to defendant's blatant failure to comply with Board Order: MySpace, Inc v Donnell Mitchell (TTABlog) TTAB precedential no 19: Family-of-marks ...
IP Thinktank - http://duncanbucknell.com/blog
16 Sep 7:00 am
... Sanofi's patent; More claim construction confusion: Sanofi-Aventis v Sandoz (Patent Docs) (Patents4Life) (GenericsWeb) Mircera (Erythropoietin) - US: CAFC affirms most ... Sanofi's patent; More claim construction confusion: Sanofi-Aventis v Sandoz (Patent Docs) (Patents4Life) (GenericsWeb) Femcon and Loestrin 24 FE (Norethindrone ... Docs) Precedex (Dexmedetomidine) - US: Hospira files patent infringement suits against Sandoz in response to Para IV challenge (Patent Docs) Renegal (Sevelamer) - US: Endo ...
IP Thinktank - http://duncanbucknell.com/blog
20 May 5:18 am
... : Terms in product-by-process claims are limitations in determining infringement: Abbott Laboratories v Sandoz (Peter Zura's 271 Patent Blog) (Patent Docs) (Inventive Step) ( ... J comments on lack of supra-national patent court: Leo Pharma v Sandoz (PatLit) Effexor (Venlafaxine) - US: Wyeth, Lupin settle Effexor patent dispute ( ... : Terms in product-by-process claims are limitations in determining infringement: Abbott Laboratories v Sandoz (Peter Zura's 271 Patent Blog) (Patent Docs) (Inventive Step) ...
IP Thinktank - http://duncanbucknell.com/blog
12 Feb, 2008 2:55 pm
... on Tuesday, February 12 for all 25-microgram-per-hour Duragesic and Sandoz fentanyl pain patches with expiration dates on or before December 2009. Read the AP ... Sold in the United States under the brand name Duragesic by PriCara and generically by Sandoz Inc., the recall includes all 25-microgram-per-hour patches with expiration ... patches were also sold in Canada under the Duragesic brand by Janssen-Ortho Inc.Ranbaxy Laboratories Ltd. All of the patches were manufactured by PriCara affiliate ALZA ...
Angel Reyes Blog - http://www.angelreyesblog.com/
10 Jun 5:00 am
... Amgen) (Patent Docs) Products Actoplus MET (Pioglitazone) - US: Takeda files patent infringement suit against Sandoz following Para IV challenge (Patent Docs) Cozaar (Losartan) - Netherlands: Netherlands Patent Office grants extension to ... mark infringement and unfair competition (Patent Docs) Nexium (Esomeprazole) - Denmark: AstraZeneca faces early generic Nexium from Sandoz in Denmark (GenericsWeb) Omnicef (Cefdinir) - US: Are product by process claims dead?: Abbott v Sandoz (Patent Baristas) ...
IP Thinktank - http://duncanbucknell.com/blog
10 Jun 5:00 am
... Amgen) (Patent Docs) Products Actoplus MET (Pioglitazone) - US: Takeda files patent infringement suit against Sandoz following Para IV challenge (Patent Docs) Cozaar (Losartan) - Netherlands: Netherlands Patent Office grants extension to ... mark infringement and unfair competition (Patent Docs) Nexium (Esomeprazole) - Denmark: AstraZeneca faces early generic Nexium from Sandoz in Denmark (GenericsWeb) Omnicef (Cefdinir) - US: Are product by process claims dead?: Abbott v Sandoz (Patent Baristas) ...
IP Thinktank - http://duncanbucknell.com/blog
7 Sep 9:34 pm by Patent Docs
... and pharma cases, and a few interesting cases will be selected for periodic monitoring. King Pharmaceuticals Inc. et al. v. Sandoz Inc. 2:09-cv-04513; filed September 1, 2009 in the District Court of New Jersey • Plaintiffs: King Pharmaceuticals Inc.; King Pharmaceuticals Research and Development, Inc.; Elan Corporation, PLC.; Elan Pharma International Ltd. • Defendant: Sandoz Inc. Infringement of U.S. Patent No. 6,066,339 ("Oral Morphine Particulate Formulation," issued May 23, 2000) ...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
8 May, 2007 5:11 am
Abbott Labs. v. Sandoz, Inc., No. 07 C 1721, Slip op. (N.D. Ill. May 3, 2007) (Anderson, J.). Judge Anderson denied plaintiffs' motion for a preliminary injunction to prevent defendants Sandoz, Inc. ("Sandoz") and Teva Pharmaceutical Industries, Ltd. ("Teva") from selling a generic version of plaintiff ... a crystalline cefdinir, does not expire until December 4, 2011. Plaintiffs argued that Sandoz's and Teva's respective formulations of cefdinir (the "accused products"), which the parties ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
12 Jul, 2008 2:26 am by Phil
... appearing at PharmaLive: Teva Pharmaceutical Industries Ltd. (Nasdaq: TEVA) today commented on Momenta Pharmaceuticals, Inc./Sandoz Inc.'s announcement regarding the filing of a Abbreviated New Drug Application (ANDA) containing a Paragraph IV ... property rights against infringement wherever they are challenged. Teva intends to file a lawsuit for patent infringement against Momenta/Sandoz within the 45 day period provided under the Hatch-Waxman legislation. The lawsuit will trigger a stay of the ...
Tags: Payments, Reverse
Philip Brooks' Patent Infringement Updates - http://infringement.blogs.com/philip_brooks_patent_infr/
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