Patent Baristas

In an appeal by Apotex, the Court of Appeals for the Federal Circuit affirmed a summary judgment in favor of Merck that Merck had been using a process before it was patented by Apotex. Apotex v. Merck & Co. (06-1405) Apotex Corp. appeals the decision of the United States District Court for the Northern District […]

In a nonprecedential opinion, the United States Court of Appeals for the Federal Circuit held that extrinsic evidence is great when it’s being used against you, bad if you try to use it to help your patent. The court stated that although extrinsic evidence cannot be used to supplement a non-enabling specification, such evidence can […]

In Biomedical Patent Management Corporation v. State Of California, Department Of Health Services (06-1515), the U.S. Court of Appeals for the Federal Circuit held that a state’s initial waiver of Eleventh Amendment sovereign immunity – when it intervened in an earlier, related action that was dismissed for improper venue — doesn’t mean that it waived […]

In a nonprecedential opinion, the U.S. Court Of Appeals For The Federal Circuit held that just because a case involves patents doesn’t mean that you get federal jurisdiction.  Wisconsin Alumni Research Foundation (WARF) v. Xenon Pharmaceuticals (07-1026-33). The court ruled that it has no jurisdiction over the case because it does not present a claim […]

The U.S. Court of Appeals for the Federal Circuit smacked Apotex with a contempt judgment after finding it filed a repetitive Abbreviated New Drug Application (ANDA) with the Food and Drug Administration (FDA). Abbott Labs v. Torpharm and Apotex (07-1019). This involves an ongoing dispute with TorPharm and Apotex in trying to market a generic […]

In an appeal from a summary judgment of noninfringement of U.S. Patent 6,054,482, the Fed Circuit concluded that the district court erred in determining that there were no genuine issues of material fact concerning whether Warner Lambert failed to meet its burden of proof that the accused products infringe the asserted claims of the ’482 […]

The going has always been tough for getting pharmaceutical patents. The going is getting tougher. See Aventis Pharma Deutschland Gmbh and King Pharmaceuticals, Inc., v. Lupin, Ltd. (06-1530). In a patent infringement action concerning the pharmaceutical compound ramipril, marketed by King as a blood pressure medication under the name Altace®, the U.S. Court of Appeals […]

The Federal Circuit upheld a judgment upholding the validity of U.S. Reissue Pat. No. 34,712 in favor of Forest Laboratories and H. Lundbeck A/S and enjoining Ivax Pharmaceuticals and Cipla Ltd. from infringing the ’712 patent — but only as it applies to escitalopram oxalate. See Forest Laboratories v. Ivax Pharmaceuticals and Cipla, Ltd. (07-1059). Ivax […]