“Clever Labeling” of Prior Art Not Disclosed in Invalidity Contentions Insufficient to Satisfy District of New Jersey Local Patent Rules

ANDA Litigation, expert reports, Invalidity contentions

A Special Discovery Master in Celgene Corp. v. Hetero Labs Ltd., No. 17-3387 (D.N.J. Mar. 29, 2021)1 recently issued a Report and Recommendation requiring defendants to move to amend their invalidity contentions to add dozens of prior art references that defendants’ experts relied on, but which defendants failed to disclose in their invalidity contentions. The court…

ANDA Litigants May Use “Post Art” to Support or Challenge Patent Validity

expert reports, InvalidityLeave a comment

Last week, in Novartis, et al., v. West-Ward Pharmaceuticals International Limited, the District of Delaware denied Defendant’s motion in limine seeking to exclude “post art” evidence, i.e. references published after the critical date, as irrelevant and prejudicial.  In its order, the court remarked that though there are some limitations, post art can be offered for…