Tag Archives: Hatch-Waxman

Aptalis Fails to “Surround’ Apotex’s Generic ER Tablet

Although non-precedential, Aptalis Pharmatech, Inc. v. Apotex, Inc., Appeal No. 2017-1344 (Fed. Cir., January 4, 2018) provides a useful outline of Phillips-type claim construction and requires a close reading to see why the infringement finding by the district court was … Continue reading

Posted in Claim Construction, Federal Court, Hatch-Waxman | Tagged , , , | Leave a comment

“We Don’t Need No Stinkin’ Patents” – Antibiotic and Antifungal Drugs Gain Non-Patent Exclusivity

Posted on the FDA Law Blog by Kurt Karst on June 19, 2014. After years of relative quiet, the Orange Book list of exclusivity terms has gotten quite a workout over the past year with the addition of several new terms … Continue reading

Posted in Hatch-Waxman | Tagged , , , , , , | Leave a comment

In re Rosuvastatin Calcium Patent Litigation – Making “Therasense” out of Confusion

Recently, a divided three judge panel sorting out a multi-party Hatch-Waxman suit, ruled that the patentee, Shinonogi, had not committed inequitable conduct in obtaining the patent that was subsequently reissued so as to obtain narrow claims focused on Rosuvastatin, or … Continue reading

Posted in Inequitable Conduct/Rule 56, Reissue | Tagged , , , , , , , , , , , , , , , , | 1 Comment

Supreme Court Reverses In Caraco Appeal

Today, in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk, in an opinion authored by Justice Kagan (a copy can be found at the end of this post), the Court reversed the Fed. Cir.’s divided 2010 decision that an ANDA filer … Continue reading

Posted in Hatch-Waxman | Tagged , , , , , , , , , , , , , , | 1 Comment