Search for: "Schwarz Pharma, Inc"
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12 Sep, 2008 5:33 pm
... manufacturer for failing to satisfy the "sham litigation" exception to the Noerr-Pennington Doctrine. Braintree Labs v. Schwarz
Pharma, Inc., __ F.Supp.2d __, No. 03-477-SLR, 2008 WL 2944655 (D. Del. July 31, 2008). The suit arose out of the filing of an
Abbreviated New Drug Application ("ANDA") by a generic drug manufacturer, Schwarz Pharma, Inc.
("SPI"), with the Federal Drug Administation ("FDA") to market a generic version of a constipation drug using a single ingredient, ...
14 Oct, 2007 9:11 pm
By Kevin E. Noonan -- In Schwarz Pharma, Inc. v. Paddock Labs., Inc., the Federal Circuit affirmed a District Court determination that infringement under the doctrine of equivalents was precluded by prosecution history
estoppel, and decided whether a patentee is an indispensable party to confer standing on the exclusive licensee....
9 Jan 3:00 am
... (Class 46) General Brazil: Uncertainty over patents casts a shadow over Brazil pharma sector (IP tango) Ethiopia: BIO-EARN invests in Ethiopia (Afro-IP) Germany: ... and
generic drugs and biologics (IP finance) US: Top biotech and pharma patent stories of 2008 (#13 to #10 - Patent Docs) (#9 to #6 - Patent Docs) ... purchased patent blocking
generic entry of drug competition: Braintree Laboratories, Inc v Schwarz Pharma,
Inc (Hal Wegner) Mirapex (Pramipexole) - US: Boehringer appeals from judgment that ...
11 May 5:00 am
... , 2009), Suzanne Copley filed a complaint against Wyeth, Inc.; Wyeth Pharmaceuticals, Inc.;
Schwarz Pharma, Inc.; Actavis, Inc.; and Actavis
Elizabeth LLC in Pennsylvania state court ... have been removable. 28 U.S.C. Sec. 1441(b). But Schwarz removed the action before Copley had
served Wyeth with the complaint. Copley moved to ... didn't have to decide the propriety of removal on those facts. The court held only that Schwarz's removal (by a non-resident defendant) before service had been effected on ...
14 Mar, 2008 2:14 pm
... industry professionals rather than consumers. Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc., 2008 WL 582738 (E.D. Wis., Feb., 29, 2008). The relevant facts were not in dispute.
Schering-Plough and Schwartz Pharma both market Polyethylene Glycol 3350 laxatives. Because of Food and Drug ... judgment and all reasonable inferences were drawn in favor of the
non-moving party (Schwarz), Schwarz had the better side of this argument. Reasonable consumers would
be unlikely to interpret ...
8 Mar, 2008 12:14 am
... -Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc., 2008 WL 582738 (E.D. Wis.) Schering-Plough alleged that its competitor Schwarz made false ... called Mira LAX.
3350 is the only active ingredient in Mira LAX and in Schwarz's competing product. The defendants sought and received FDA approval to market
... their products were "misbranded and may not be legally marketed." Defendant Schwarz responded by replying that it disagreed with the
Director's position. Nonetheless, it would withdraw its 3350 ...
12 Oct, 2007 10:31 am
In Schwarz Pharma, Inc., et al v. Paddock Laboratories, Inc. (October 12, 2007), the Federal Circuit was not persuaded that, for claims to "A pharmaceutical composition. . ." and "A process for stabilizing an ACE
inhibitor ... cyclization in ACE inhibitors. We therefore conclude that, because MgO was known as a stabilizer in the field of pharmaceutical compositions, Schwarz has failed to rebut the presumption of surrender by demonstrating that MgO was not a foreseeable equivalent. As for claim 16, ...
26 Jun, 2008 6:31 pm
... approach takes the maximalist position that purported "parallel" violation claims are preempted - notwithstanding Medtronic, Inc. v. Lohr,
518 U.S. 470 (1996) - because the FDCA expressly ... 1059 (E.D. Mo. 2002); see generally Schwarz Pharma, Inc. v. Breckenridge Pharmaceutical, Inc., 388 F. Supp.2d 967, 974-75 ... court would be required to interpret or
apply" either "the FDCA or its accompanying regulations." Schwartz Pharma, 388 F. Supp.2d at 975. With respect to "parallel" violation claims, §337( ...
25 Jun 4:29 am
... prescription drug preemption motions. Third, the Supreme Court's decision in Riegel v. Medtronic, Inc., 128 S. Ct. 999 (2008), recognizing
broad express preemption in cases involving PMA ... ) (FDA's views on preemption published in the Federal Register subject to judicial notice); Alpharma, Inc. v. Pennfield Oil Co., 2008 WL 1990783, at *9 (D. Neb. May 5, ... "FDA letters" were granted judicial notice in Schering-Plough Healthcare Products,
Inc. v. Schwarz Pharma, Inc., 547 F. Supp.2d 939,
945 n.1 (E.D ...
17 Apr, 2008 10:39 am
... of the story is procedurally irrelevant. We'd pointed out in our prior post that Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), the biggest
preemption loss our side has ... of the FDA, such as the Public Health Advisory"); Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc., ___ F. Supp.2d ___, 2008 WL 582738, at *5 n. ... ) ("The court may take judicial notice
of the FDA letters submitted by the parties"); In re Amgen Inc. Securities Litigation, ___ F. Supp.2d ___, 2008 WL 999058, at *7 ( ...
3 Aug 7:29 am
... stages of litigation, and to join them would have delayed resolution of those cases. All responding defendants (Actavis, Inc.;
Actavis-Elizabeth, L.L.C.; Barr Pharmaceuticals, Inc.; Baxter Healthcare Corp.; Duramed Pharmaceuticals, Inc.; Pliva, Inc.; Pliva USA, Inc.; Schwarz Pharma, Inc.; Teva Pharmaceuticals USA, Inc.; and Wyeth)
opposed centralization, as did one Plaintiff from Vermont. See our website for more information on Reglan lawsuits. We're still waiting from the ...
14 Oct, 2007 8:39 am
... same conduct. However, when the patent owner was joined at the district court, it is bound by the district court's decision if it chooses not to appeal. As a result, the exclusive
licensee appealing without the patent owner does not subject the defendant to the possibility of duplicative suits. More detail of Schwarz
Pharma, Inc. v. Paddock Labs., Inc. after the jump. [More]
13 Feb, 2008 2:25 am
... be described as only tangentially related to the equivalency of a structure with non-adjoining regions. With the amended language, IR recited precisely the structure it disclosed,
and thereby overcame the examiner's § 112 rejection. See Schwarz Pharma, Inc. v. Paddock
Labs., Inc., 504 F.3d 1371, 1377 (Fed. Cir. 2007) ("The fact that the inventors may have thought after the fact that they could have relied on
other distinctions in order to ...
25 Jan 2:44 am
Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc., 2009 WL 151573 (E.D. Wis.) Schering-Plough sought an amendment to an earlier judgment in this false advertising case concerning statements about
defendants' Polyethylene Glycol 3350 Powder for Oral Solution laxatives. The court initially dismissed the Lanham Act claim with prejudice and the state-law claims without prejudice,
and here it amended the judgment to turn it into a ...
30 Oct 3:11 pm
Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc., -- F.3d --, 2009 WL 3460808 (7th Cir.) As entertaining as a Posner opinion always is, I fear this one has more than enough casual language in it to do
mischief to the law; it will likely be much cited, whether for heat or for light. Discussion of opinion below, dismissing Schering's false advertising claims. Schering sells an OTC
polyethelyne glycol 3350 laxative, MiraLax. ...
29 Oct 5:31 pm
... Alone Distinction of Merit." That is a bit extreme; but uncritical generalization is a path to error. One form of uncritical generalization, ironically in view of Schering's
invocation of the doctrine of "literal falsity," is reading general language literally. Schering-Plough Healthcare Products, Inc. v.
Schwarz Pharma, Inc., No. 09-1438, slip op. at 20 (7th Cir. Oct. 29, 2009).
9 Aug, 2008 1:50 am
... Lovenox: (Patent Appeal Tracer), Miralax (Polythylene glycol) - US: Judge knocks down Schwarz Pharma's antitrust and other
counterclaims against Braintree Lab's which initially sued to stop Schwarz from marketing generic Miralex: (Law360), Naropin (Ropivacaine) -
US: Abraxis BioScience unable to ... non-infringement declarations: Occupational and Medical Innovations Ltd v Retractable Technologies Inc:
(Mallesons Stephen Jaques), Finkelstein J throws cold water on Registrar's decision ...
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