In Amgen Inc., v. Hoechst Marion Roussel, Inc. (Now Aventis) and Transkaryotic Therapies, Inc., (05-1157), the Court of Appeals for the Federal Circuit affirmed a District Court’s decision that Transkaryotic Therapies Inc. (TKT) and Aventis Pharmaceuticals Inc. infringe Amgen’s erythropoietin (EPO) patent estate. The court’s decision upheld the validity of two of Amgen’s EPO patents […]

Sanofi-Aventis SA and Bristol-Myers Squibb filed for a preliminary injunction against Apotex Inc . to stop sales of a generic version of Plavix® (clopidogrel bisulfate). The companies are seeking an immediate halt on the sale of Apotex’ generic drug as well as a recall of drug already shipped. In the filing, the companies cited four […]

In Pennington Seed et al. v. Produce Exchange No. 299 et al. (05-1440), the Federal Circuit affirmed that claims against the University of Arkansas for infringement of a patent were barred by the Eleventh Amendment to the United States Constitution. Pennington filed suit against the University of Arkansas for infringement and conversion of U.S. Patent […]

Apotex Inc. must be confident the patent on Plavix will be held invalid. In a gutsy move for a generic drug maker, Apotex (the Welterweight from Winnipeg) started shipping a generic copy of the blood thinner Plavix in the U.S., ahead of a likely patent infringement trial. A New York judge has denied a request […]

Like a bad penny, the Bayer AG And Bayer Corporation v. Housey Pharmaceuticals, Inc. case just keeps turning up. This time, the Court of Appeals for the Federal Circuit (06-1083) upheld a finding of inequitable conduct after vacating the earlier finding and remanding the case to give the district court an opportunity to provide additional […]

Pfizer learned the hard way not to take dependent claim form for granted. The Court of Appeals for the Federal Circuit, in Pfizer et al. v. Ranbaxy Laboratories (06-1179), held that a violation of § 112, ¶ 4 renders a patent invalid even if it would have been merely objected to (and not rejected) by […]

Johnson & Johnson’s Alza drug unit sued Wyeth (Alza Corporation v. Wyeth, Wyeth Pharmaceuticals, Inc. Case No. 9:06-cv-00156-RHC), saying that Effexor XR infringes a patent for a method of administering antidepressants. Effexor is Wyeth’s biggest product and the world’s best-selling antidepressant. Global sales of the drug were $918 million in the second quarter and $3.5 […]

Stratagene Corporation announced that it was informed that a jury determined that Invitrogen Corporation’s U.S. Patent No. 4,981,797 (issued Jan. 1, 1991) (the ’797 patent) is valid and that Stratagene infringed that patent by making and selling its competent E. coli cell products (Invitrogen Corporation vs. Stratagene; United States District Court for the Western District […]