Drugs & Biotech
[08/26] Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc.
Denial of plaintiff’s motion for a preliminary injunction against defendant, brought pursuant to a Lanham Act claim, is affirmed where: 1) in light of the Supreme Court’s decisions in eBay, Inc. v. MercExchange, L.L.C and Winter v. Natural Resources Defense Council, Inc., a party bringing a claim under the Lanham Act is not entitled to a presumption of irreparable harm when seeking a preliminary injunction and must demonstrate that irreparable harm is likely; and 2) plaintiff failed to demonstrate that irreparable harm was likely.
[08/22] Ferring B.V. v. Watson Laboratories, Inc.
Dismissal of plaintiff’s claims alleging that defendant infringed each and every claim of the patents-in-suit by filing an Abbreviated New Drug Application (ANDA) is affirmed, where defendant’s amendment to its ANDA rendered it non-infringing.
[08/06] TYCO Healthcare Group v. Mutual Pharmaceutical Co.
Summary judgment in favor of plaintiffs holding that they did not violate the antitrust laws by filing suit against defendant or by filing a “citizen petition” with the Food and Drug Administration (FDA) seeking to bar defendant from obtaining FDA permission to market its generic version of one of plaintiffs’ drugs is: 1) vacated in part, where the district court should determine whether plaintiffs’ factual theory of infringement is objectively baseless; 2) affirmed in part, where defendant has not met its burden to establish that plaintiffs’ validity arguments were objectively baseless; and 3) vacated in part and remanded, where the district court erred in granting summary judgment against defendant on the citizen petition issue.
[08/06] ScriptPro, LLC v. Innovation Associates
In an infringement action involving plaintiff’s patent for a unit and system that that automatically fills and labels pill bottles or other prescription containers, summary judgment for defendant, holding that plaintiff’s asserted claims were invalid under 35 U.S.C. section 112 for lack of an adequate written description, is reversed and remanded, where a trier of fact could find that a skilled artisan would understand the specification to disclose a system that relies on the computer memory, without sensors, to fulfill the central purpose of keeping track of slot use by particular customers and slot availability, with sensors optionally providing confirmation only.
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