In Apotex, Inc. v. UCB, Inc. the Federal Circuit affirmed the Southern District of Florida’s holding that Apotex’s patent (U.S. Patent No. 6,767,556) is unenforceable for inequitable conduct. This marks a rare instance of success for the defense after the Federal Circuit’s Therasense decision raised the bar on the materiality and intent requirements necessary to…
Plaintiffs in ANDA actions frequently include declaratory judgment infringement allegations under § 271(a) – (c) (the section of the statute governing traditional patent infringement cases) in addition to § 271(e)(2) (the section of the statute governing Hatch Waxman actions). Although the case law is unsettled, defendants have successfully obtained dismissals of duplicative declaratory judgment infringement…
On July 24, 2014, the Federal Circuit ordered that Endo Pharmaceuticals Inc. and Mylan Pharmaceuticals Inc. were required to continue their attempts to memorialize a previously-agreed-to settlement in a patent-litigation suit relating to Endo’s Frova tablets, a frovatriptan succinate EQ medication that treats migraine headaches. Specifically, the Federal Circuit denied Endo’s bid for an emergency…