Clinical Trials Showing that a “Sufficient Percentage” of Prescriptions Will Practice Claimed Method Held to Prove Induced Infringement

Inducement

Judge Du of the District of Nevada recently issued findings of facts and conclusions of law in a patent trial related to the drug Vascepa®.  Amarin Pharma, Inc. v. Hikma Pharma. USA Inc.  The court ultimately held that the asserted claims were all invalid as obvious.  But first it held that defendants proposed labels would…

Federal Circuit Affirms District Court Order Denying Request for Preliminary Injunction

Biosimilar, Preliminary injunction, Temporary restraining order

Last month, the Federal Circuit affirmed per curium U.S. District Judge Colm F. Connolly’s order denying Genentech’s request for either a temporary restraining order or a preliminary injunction.  Genentech sought a preliminary injunction to prevent Amgen from selling a generic version of Genentech’s blockbuster cancer drug, Herceptin®.  Amgen launched on the same day the district court…