On May 24th 2016, a panel consisting of Federal Circuit Court of Appeals Judges Kathleen O’Malley, Jimmie Reyna, and Raymond Chen, as well as Minnesota District Court Judge Joan Erickson, offered guidance for practice before the Federal Circuit. Some of the insight and advice the judges shared is provided below. Focus on the Issues Do…
The Patent Trial and Appeal Board (PTAB) recently denied motions by Teva to amend the filing dates of two petitions to institute IPRs related to patents covering Suboxone, a drug used to help patients suffering from opioid addiction. Teva’s deadline for filing these petitions was December 3, 2016, but due to technical difficulties in filing,…
In Merck & CIE v. Watson Laboratories, Inc., No. 2015-2063, 2016 U.S. App. LEXIS 8782 (Fed. Cir. May 13, 2016), the Federal Circuit reversed a District of Delaware Paragraph IV decision, and held that the patent-in-suit was invalid under the on-sale bar of pre-AIA Section 102(b). The sole asserted claim was directed to crystalline calcium…
A recent order the District of New Jersey highlights the importance of diligence in establishing good cause to amend a party’s contentions, and that a claim construction ruling is a not a free pass to amend infringement contentions. Takeda Pharmaceutical Co. Ltd., et al. v. Sun Pharma Global FZE et al., Case No. 14-cv-4616 (D.N.J.)…
Last Wednesday we commented on a Delaware decision (Andrews, J.) applying the Federal Circuit’s Mayo analysis to find that a patent on a new dosing regimen for an old drug lacked patentable subject matter under 35 U.S.C. § 101. Alice in Pharma Land. Two days later, the Federal Circuit affirmed another Delaware decision (Stark, J.)…
Ever since the Supreme Court’s decision in Alice Corp. v. CLS Bank, 134 S.Ct. 2347 (2014), courts have churned out countless decisions holding patents invalid under 35 U.S.C. § 101 for claiming unpatentable subject matter. Most of these patents have involved the application of well-known business methods by means of a computer. In those cases,…
Last week, the Federal Circuit issued its panel opinion in two cases: Accorda Therapeutics Inc. and Alkermes Pharma Ireland Ltd. v. Mylan Pharmacueticals, Inc. and Mylan Inc. and AstraZeneca AB v. Mylan Pharmacueticals, Inc. The question before the Court in both cases was whether Mylan was properly subject to jurisdiction in the District of Delaware. …
The PTAB recently rejected Dr. Reddy’s Laboratories’ IPR petitions for Galderma’s patent covering its Oracea® (doxycycline) product for the treatment of rosacea. Galderma’s patent, U.S. Patent No. 8,603,506 (“’506 patent”) is directed to the treatment of rosacea using low dosages of the tetracycline antibiotic doxycycline. Dr. Reddy’s filed three petitions for IPR against the ’506…
U.S. District Judge Renee Marie Bumb recently found two of three patents covering the epilepsy drug Oxtellar XR® to be valid and infringed. Supernus Pharms. Inc. v. Actavis Inc. et al., Civ. No. 13-cv-4740 (D. N.J. Feb. 5, 2016). As part of her opinion following a bench trial, Judge Bumb ruled that the term “homogeneous…
On Monday, the Federal Circuit affirmed a decision from the Southern District of New York that four patents listed in the Orange Book for OxyContin® are invalid as anticipated and obvious in Purdue Pharma, L.P. v. Teva Pharmaceuticals USA, Inc. This post addresses the second half of that decision, which was directed to a patent…