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26 Sep 2014, 9:25 pm by Lawrence B. Ebert
Cir. 2000) (finding intent where the patentee disclosed a complete reference in Japanese but did not provide translations of that part which was material to patentability); Apotex Inc. v. [read post]
17 Sep 2014, 9:24 am
 The launch of generics pre-patent expiry is a substantial threat to innovators given the dramatic price spiral following the first launch (see commentary in SmithKline Beecham v Apotex). [read post]
15 Sep 2014, 8:36 am
 The first was the 2008 decision in Apotex v Sanofi whereby the court was tasked to consider validity of selection patents and the test for anticipation and obviousness. [read post]
2 Sep 2014, 9:41 pm by Patent Docs
Allergan had asserted its 7,351,404 patent (the '404 patent) and Duke asserted its 7,388,029 patent (the '029 patent) after Apotex filed an ANDA for a generic version of Allergan's Latisse®, an ophthalmic solution comprising bimatoprost (a prostaglandin F-2-alpha ("PGF") analog) as the active ingredient. [read post]
1 Sep 2014, 10:00 pm by Courtenay C. Brinckerhoff
.), the Federal Circuit upheld the validity of the Orange Book-listed patents for Lysteda®, but found that they were not infringed by either Apotex’s or Watson’s Abbreviated New Drug Applications... [read post]
27 Aug 2014, 10:00 pm by Courtenay C. Brinckerhoff
.), the Federal Circuit upheld the validity of the Orange Book-listed patents for Lysteda®, but found that they were not infringed by either Apotex’s or Watson’s Abbreviated New Drug Applications... [read post]
25 Aug 2014, 2:21 pm
Clare Young, on the Allens' Scintilla IP weblog, reports on some fascinating litigation in Australia between AstraZeneca and Apotex over obviousness as the 'starting point' for assessing a patent's validity. [read post]
25 Aug 2014, 8:57 am
 The infringement for the paper act of filing the ANDA for these purposes is designed to create an artificial act of infringement for the purposes of establishing jurisdiction in the federal courts (Eli Lilly v Medtronic (1990) and Glaxo v Apotex (2004)). [read post]
24 Aug 2014, 9:42 pm by Patent Docs
Apotex Inc. et al. 1:14-cv-01038; filed August 11, 2014 in the District Court of Delaware • Plaintiffs: Aptalis Pharmatech Inc.; Ivax International GmbH • Defendants: Apotex Inc.; Apotex Corp. [read post]
20 Aug 2014, 11:09 pm by Lawrence B. Ebert
PatentDocs, in discussing the recent Apotex case on inequitable conduct, wroteThe opinion did draw an important distinction:To be clear, we agree with Apotex that Dr. [read post]
19 Aug 2014, 9:59 pm by Patent Docs
Noonan -- Last week, the Federal Circuit affirmed a finding of inequitable conduct in Apotex v. [read post]
19 Aug 2014, 3:08 pm by Lawrence B. Ebert
The CAFC affirmed the district court (SD Fl) holding of inequitable conductagainst Apotex as to the prosecution of US '556 in Apotex v. [read post]
16 Aug 2014, 11:39 pm by Mark Summerfield
  The judge at first instance (in Apotex Pty Ltd v AstraZeneca AB (No 4) [2013] FCA 162) had found that the AstraZeneca inventions claimed in the patents at issue lacked an inventive step based, in part, on the reasoning of an earlier Full Court panel in Apotex Pty Ltd v Sanofi-Aventis [2009] FCAFC 134. [read post]
28 Jul 2014, 1:31 am by Matrix Legal Information Team
Les Laboratoires Servier & Anor v Apotex Inc & Ors, heard 10 June 2014. [read post]
26 Jul 2014, 9:14 pm by Mark Summerfield
  Methods of medical treatment came under scrutiny of the US Supreme Court in Mayo Collaborative Services v Prometheus Laboratories, Inc and the Australian High Court in Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd (see High Court Rules Methods of Medical Treatment Patent-Eligible). [read post]