Patent Baristas

here at Patent Baristas, we get all giddy when a case comes down the pike involving protein synthesis and gene cloning vectors.  It doesn’t happen all that often and, when it does, we’re treated to BIO 101 introductions explaining how proteins are biomolecules that “are encoded by particular deoxyribonucleic acid (“DNA”) sequences known as genes.” […]

In a nonprecedential decision, the Court of Appeals for the Federal Circuit looked at the issue of whether there is an Article III case or controversy between a patentee drug company and a generic drug company in the context of the Hatch-Waxman Act.  Merck v. Apotex (07-1362). Merck had sued Apotex for patent infringement when […]

The U.S. Court of Appeals for the Federal Circuit affirmed a district court decision that Apotex and Impax infringed on patents covering AstraZeneca’s heartburn drug Prilosec.  In re Omeprazole Patent Litigation (Astrazeneca v. Apotex Corp., Apotex and Impax; 07-1414, -1416, -1458, -1459).  This ruling comes on the heels of its earlier affirmation of a decision […]

The phosita® blog notes perhaps the first dismissal of a declaratory judgment action following the Supreme Court’s decision in MedImmune.  In a dispute over U.S. Pat. No. 5,247,356, a patent involving photogrammetry*, a court in Minneapolis dismissed two counts seeking declaratory judgment of non-infringement and invalidity (Case 08–cv-00816). [*Apparently, photogrammetry is the science of making […]

In a nonprecedential opinion, the U.S. Court of Appeals for the Federal Circuit gave the thumbs up to a district court decision that Plaintiff-Appellant Novo Nordisk A/S wasn’t getting a preliminary injunction out of Sanofi-Aventis after alleging that Sanofi’s SoloStar product infringed claims of Novo’s U.S. Patent No. 7,241,278.  Novo Nordisk A/S v. Sanofi-Aventis (08-1225). […]

The U.S. Court of Appeals for the Federal Circuit ruled that the manufacture, marketing, or sale of a medical device, which is used in the development of FDA regulatory submissions, but is not itself subject to the FDA premarket approval process, is not entitled to the protection of the Hatch-Waxman Act section 271(e)(1) safe harbor […]

The United States Court of Appeals for the Federal Circuit found in favor of Eisai in Aciphex patent infringement suit against Teva Pharmaceuticals and Dr. Reddy’s Laboratories .  Eisai v. Dr. Reddy’s and Teva (07-1397/98) After Eisai filed infringement actions contesting Teva Pharmaceuticals and Dr. Reddy’s Laboratories’ submission of abbreviated new drug applications (ANDAs) to […]

Jon Gowshall and Ross Walker, patent attorneys with the UK law firm Forresters, announced that they have successfully defended European patent (UK) number 0706376 (to Angiotech Pharmaceuticals Inc and the University of British Columbia), claiming a stent which eluted paclitaxel to prevent restenosis In the case, the House of Lords overturned the first and second […]