Category: Pharmaceutical Industry
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Federal Circuit applies Third Circuit law to vacate District of Delaware’s waiver of preliminary injunction bond
The district court made the rare decision to waive Otsuka Pharmaceutical’s requirement to post a bond after granting it a preliminary injunction against Hetero Labs’ generic competitor.
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Federal Circuit affirms invalidation of Enanta’s Paxlovid-related patent: finds “typo” defense insufficient to fix written description gap in provisional filing
The United States Court of Appeals for the Federal Circuit has affirmed the invalidation of Enanta’s Paxlovid-related patent, rejecting its bid to blame a one-carbon typo in its provisional filing, and leaving Pfizer’s earlier disclosure now free to anticipate the claims.
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Amgen must pay $20.2 million in damages over antibody patent infringement: District of Delaware jury
Following a trial in the United States District Court for the District of Delaware last week, a jury has found that Amgen’s subsidiary Teneobio has infringed one of competitor Harbour Antibodies’s antibody-related patents and owes over $20 million in damages.
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Incyte acquires bleeding-disorder biotech Vega Therapeutics as Jakafi patent cliff looms
Incyte will pay $1.25 billion upfront for Vega Therapeutics, with up to $750 million more in sales milestones. The $2.4 billion-a-year drug loses U.S. exclusivity in December 2028 after a pediatric extension.
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Supreme Court holds generics maker Hikma not liable for induced infringement: inducement must be “clear” and “affirmative”
A unanimous Supreme Court says the Federal Circuit has been on the wrong track lately by loosening the standard for induced infringement.
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Podcast: marking UPC’s three-year anniversary with UPC litigator Dr. Wim Maas (Winston Taylor)
In our latest podcast episode, ip fray interviewed Wim Maas, partner and trial attorney at Winston Taylor, who is a very frequent user of the Unified Patent Court.
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Moderna appeals to save $1.3 billion patent dispute payout, asserts U.S. government-contractor immunity
Moderna has alleged that a district court’s conclusions in a case against Arbutus are “deeply flawed” and that the U.S. Congress created Section 1498 specifically to shield government contractors from liability for government-authorized patent use in fulfilling a government procurement contract.
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Global pharma company Adalvo eying U.S. expansion, says Chief IP Officer
While the B2B pharma company has expanded its European business significantly in the last decade, it is now turning to the U.S. to bring its licensing business, Adalvo’s Toni Santamaria told ip fray at IP Dealmakers earlier this month.
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China Implements Pharmaceutical Test Data Protection Rules: A New Era for Drug Data Protection
China has promulgated the Measures for the Implementation of Pharmaceutical Test Data Protection and the Work Scheme for Pharmaceutical Test Data Protection, which together operationalize for the first time a formal PTDP system in China, granting up to six years of data exclusivity to qualifying chemical and biological drug applicants.
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Pharma giant Takeda ordered to pay over $884 million in damages in Amitiza class action suit: patent litigation settlement was anticompetitive, jury finds
Takeda has said it already plans to “vigorously” appeal the decision, which found its 2014 deal with competitor Par Pharmaceutical to drop its challenge to its AMITIZA patents and delay its generic entry by seven years, anticompetitive.