The Eastern District of Virginia recently allowed a subsequent ANDA filer to proceed with a declaratory judgment action seeking a declaration of unenforceability of a patent that remained listed in the Orange Book after the patentee disclaimed it and requested its delisting from the Orange Book. Glenmark Generics Ltd. v. Ferring B.V., Civ. No. 3:14-CV-422-HEH…
Last week, the Supreme Court held arguments in the closely watched case of Teva v. Sandoz. Teva won at the district court level based on claim construction arguments. The Federal Circuit reversed, affording no deference to the district courts factual findings underlying claim construction. In March, the Supreme Court granted certiorari to answer one lone…
In a pair of opinions, both issued as Ferring B.V. v. Watson Laboratories, Inc., the Federal Circuit held that Watson’s and Apotex’s ANDA products will not infringe Ferring’s patents covering Lysteda, a tranexamic acid treatment for menorrhagia, or heavy menstrual bleeding in women. The cases had been consolidated at the district court level, where the…
In United Therapeutics Corp. v. Sandoz, Inc., Judge Peter G. Sheridan of the District of New Jersey ruled that Sandoz’s proposed label for a generic version of UTC’s anti-hypertensive Remodulin (treprostinil sodium) injection did not induce infringement of various UTC method patent claims. (Civil Action No. 3:13-cv-1617-PGS-LHG, Dkt. No. 364). As a way to reduce…