In the recent Braintree Labs v. Novel Labs, the Federal Circuit may have limited the value of composition for methods of treatment claims. The patent-in-suit related to compositions for preparing the bowels of a patient ready for colonoscopy. In particular, the claims were to a bowel prep composition “for inducing purgation of the colon of…
The Federal Circuit recently affirmed a decision by the District of New Jersey finding two patents owned by Hoffmann-La Roche invalid for obviousness. The patents-at-issue in Hoffmann-La Roche v. Apotex Inc., No. 2013-1128, are directed to methods of treating osteoporosis through a once-monthly administration of ibandronate, commercially available as Boniva. The Court applied surrogate testing…
On April 9, 2014, in Purdue Pharmaceutical Products, L.P. v. TWi Pharmaceuticals, Inc., Civ. No. 12-5311 (D.N.J.), Judge Jose L. Linares of the United States District Court for the District of New Jersey ruled that a generic drug company who is not a first-filer has standing to assert a counterclaim for non-infringement despite the issuance…
A district court judge in New Jersey recently granted an API supplier’s motion to dismiss claims filed against the supplier in an ANDA suit, raising questions about whether an API supplier belongs as a defendant in these litigations. United Therapeutics Corp. v. Sandoz, Inc., No. 12-CV-1617 (March 10, 2014). The Court concluded that a declaratory…
It is a common practice in Hatch-Waxman and other civil litigation for parties to try to hide the ball in producing documents by interposing vague objections to document requests and then producing select documents subject to their vague objections. Some courts are beginning to deem that such conditional responses to requests for production are not…