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20 Jul 2023, 1:42 am
The Court of Appeal in Sandoz v BMS attempts to reconcile the Enlarged Board of Appeal (EBA) decision in G 2/21, and the landmark UK Supreme Court decision on plausibility Warner-Lambert v Actavis [2018] UKSC 56. [read post]
2 Feb 2015, 2:20 am
Not only did the Dutch Court disagree with the Courts of England and Wales on the matter of priority entitlement and hence validity , but also this ruling appears to be in contrast to the case last week [for which see Katpost here for the first instance and here and here for the appeal judgment] where Arnold J permitted Actavis to launch a product with a skinny label without requiring further measures such as… [read post]
16 Feb 2015, 1:44 am
***** PREVIOUSLY, ON NEVER TOO LATE Never too late 32 [week ending Sunday 8 February] –- Brazilian PTO’s delays | The Research Handbook on International Intellectual Property reviewed | Laura Smith-Hewitt | IP, women and leadership: the poll responses | Decline of West’s trust in innovation | Wikipedia public domain photos |CJEU in Case C-383/12 P Environmental Manufacturing LLP v OHIM | The Nordic IP Forum |… [read post]
25 Jan 2017, 11:25 pm
In referring the question on Art 3(a) as to what was required for a product to be protected by a basic patent, he stated that he was “encouraged by what the [CJEU] said in Actavis v Sanofi and Actavis v Boehringer to believe that there is a realistic prospect of the Court providing further and better guidance to that which it has hitherto provided” (para 91). [read post]
7 Mar 2022, 12:44 am
However, as noted in the Finnish decision, CJEU case law has not yet harmonised interpretation of Article 3(a) under Royalty Pharma and its previous interpretations of Article 3(c), as in Actavis I (C-443/12) and Actavis II (C-577/13) (IPKat).The referralThe Supreme Court of Ireland referred 4 questions to the CJEU, the full text of which are provided in full below* ([2022] IESC 11). [read post]
12 Mar 2020, 1:48 am
Katherine Moggridge presenting Katherine Moggridge(Three New Square), who acted on behalf of appellants ICOS, discussed Actavis v ICOS, the most recent case in the UK Supreme Court to address obviousness. [read post]
31 Jul 2018, 7:58 am
In the decision leading to the referral, Justice Arnold considered that the answers previously given by the CJEU on the interpretation of Article 3 (a) in Medeva, Actavis v Sanofi and Lilly were not sufficiently clear and therefore asked question 1 in Actavis v Sanofi again: “What are the criteria for deciding whether ‘the product is protected by a basic patent in force’ in Article 3(a) of the SPC Regulation? [read post]
21 Jun 2013, 12:56 pm
Actavis, the Court held, in a five-to-three decision by Justice Breyer (Justice Alito was recused), that antitrust lawsuits challenging so-called “reverse payments” may proceed. [read post]
9 Dec 2010, 1:10 pm
Mensing (Granted )Docket: 09-1039Issue(s): Whether the Eighth Circuit abrogated the Hatch-Waxman Amendments by allowing state tort liability for failure to warn in direct contravention of the Act’s requirement that a generic drug’s labeling be the same as the labeling approved by the Food and Drug Administration for the listed (or branded) drug.Certiorari-Stage Documents:Opinion below (8th Circuit)Petition for certiorariBrief in oppositionPetitioner's supplemental briefAmicus brief… [read post]
8 Jul 2014, 7:53 am
He pointed to the latest ruling, in Actavis, as cabining “patent triumphalism” in antitrust. [read post]
4 May 2011, 7:52 am
Brand Name Opioid Products Generic Name Trade Name Applicant/Sponsors Fentanyl Duragesic Extended Release Transdermal System Ortho McNeil Janssen Hydromorphone *Palladone Extended Release Capsules Purdue Pharma Methadone Dolophine Tablets Roxanne Morphine Avinza® Extended Release Capsules King Pharms Morphine Kadian® Extended Release Capsules Actavis Morphine MS Contin Extended Release Tablets Purdue Pharma… [read post]
7 Jan 2019, 6:21 am
’ Equivalents Number 10 on the list is the article Actavis and Equivalents – One Year On. [read post]
12 Feb 2014, 7:51 am
The world’s second largest pharmaceutical company, Actavis, just did. [read post]
24 May 2010, 7:46 am
Mensing; Actavis Elizabeth v. [read post]
23 Jan 2018, 4:34 am
This is one instance in which joint contribution was exactly that, at least for a while.French Supreme Court in Finasteride second-medical use litigation acknowledges patentability of dosage regime claimsAnnsley Merelle Ward delves into the analysis of the French Supreme Court’s landmark judgment on sufficiency of disclosure, second medical use and dosage regime claims in the battle between MSD and Teva and Actavis concerning Propecia (finasteride).Alibaba released the 2017 Annual… [read post]
21 Feb 2018, 1:48 am
PatentsIn a two-part report, the AmeriKat exfoliates the decision in L'Oreal v RN Ventures [2018] EWHC 173, in which Mr Justice Carr bristles with warnings on Actavis v Lilly claim interpretation, equivalents and prosecution history (Part I and Part II)Can Wenzhou and cigarette lighters tell us something about why there are IP rights? [read post]
23 Feb 2016, 1:53 am
**********PREVIOUSLY, ON NEVER TOO LATENever too late 83 [week ending on Sunday 14 February] – Indigenous IP | Arnold J's latest judgment flags down the iconic London black cab | Life of a national/EU trade mark ... in a map | A comprehensive explanation of trademarks | Actavis v Lilly.Never too late 82 [week ending on Sunday 7 February] – PhD Student Seminar at CIPA | IP meets Antimonopoly law in Japan | German Federal… [read post]
9 May 2017, 12:59 pm
Here's my checklist|Fujifilm v AbbVie: practice, procedure and policy analysis|Overturning a trade mark opposition decision - Part 2 - SOULUXE - likelihood of confusion|Overturning a trade mark opposition decision - Part 1 - IWATCH, descriptive goods and acquired distinctivenessNever Too Late 143 [week ending on Sunday 9 April] |French court rules that resale right royalty must be only paid by sellers I Tune in LIVE for tomorrow's Eli Lilly v Actavis Supreme Court… [read post]
3 May 2015, 10:33 pm
.* No toleration for Novartis - rivastigmine patch patent declared invalidDarren writes up Mr Justice Arnold’s fresh decision in Novartis v Focus, Actavis, Teva [2015] EWHC 1068 (Pat).No cats are skinned, but publisher is "Berned" for Chesterton infringementValentina reports on a Spanish Supreme Court’s decision in a very peculiar Spanish copyright case, where the principle of non-discrimination is addressed and a copyright term of protection is held to last… [read post]
17 Jan 2022, 1:08 am
Whilst the fact of the cases differ, the PTAB and CAFC reasoning in Teva vs Corcept is markedly different, for example, to the reasoning of the UK High Court in Bayer v Teva [2021] EWHC 2690 (Pat) (IPKat) and Actavis v ICOS (IPKat), in which inventions arising from multi-step drug development programs were found obvious-to-try in view of a known treatment effect for a particular drug, regardless of whether there was an unpredictable technical effect. [read post]
