In the landmark Amgen v. Sanofi case (previously covered here), the Supreme Court affirmed that patent claims drawn to a genus of monoclonal antibodies, which were claimed in terms of their function and the epitope to which...more
The United States Court of Appeals for the Federal Circuit recently affirmed a district court ruling that a pharmaceutical dosing claim limitation was unpatentable due to obviousness-type double patenting. The court found...more
4/9/2025
/ Appeals ,
Biologics ,
Life Sciences ,
Obviousness ,
Obviousness-Type Double Patenting (ODP) ,
Patent Applications ,
Patent Invalidity ,
Patent Litigation ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prior Art
The District Court of Delaware recently confirmed an award of $9.15 million in attorney’s fees and costs to defendant Elysium Health, Inc. (Elysium), resulting from what it determined to be insubstantial litigation positions...more
The US Court of Appeals for the Federal Circuit issued its opinion in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061 (Fed. Cir. 2024), holding that “a first-filed, first-issued, later-expiring claim cannot...more
10/22/2024
/ Abbreviated New Drug Application (ANDA) ,
Obviousness ,
Obviousness-Type Double Patenting (ODP) ,
Orange Book ,
Patent Litigation ,
Patent Term Adjustment ,
Patent Term Extensions ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
USPTO
On August 22, 2024, Hikma Pharmaceuticals USA Inc. and Hikma Pharmaceuticals, PLC (collectively Hikma), filed a petition for rehearing en banc, asking the US Court of Appeals for the Federal Circuit to reconsider its recent...more