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September 16, 2024 | Law.com

Federal Circuit Decision Clarifies Obviousness-Type Double Patenting and Patent Term Adjustments In 'Allergan v. MSN Laboratories'

On August 13, the Federal Circuit issued a precedential ruling that reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect to invalidate a claim in an earlier-filed parent application over admittedly patentably indistinct claims in later-filed (and earlier-expired) child patents. This decision has resolved some substantial questions about the application of obviousness-type double patenting that had been raised by last year's In re Cellect decision.
7 minute read
Deaton v. Law Offices of Steven M. Johnson, P.C.
Publication Date: 2024-09-09
Practice Area: Civil Appeals | Contracts | Fee Disputes
Industry:
Court: Court of Appeals
Judge: Justice Trotter
Attorneys:
For plaintiff:
For defendant:
Case number: 11-23-00126-CV

Between 2008 and 2015, appellants, John Deaton and Deaton Law Firm, LLC, and appellee, Law Offices of Steven M. Johnson, P.C., worked on a mass tort litigation.

September 06, 2024 | Delaware Business Court Insider

Novo Nordisk Files Patent Claims to Fend off Generic Rivals of Wegovy

Sun Pharma of India and Mylan Pharmaceuticals of West Virginia seek FDA approval of generic versions of the popular weight-loss drug. Novo Nordisk says the efforts infringe on its patent.
3 minute read
Teva Branded Pharm. Prods. R&D, Inc. v. Deva Holding A.S.
Publication Date: 2024-09-03
Practice Area: Intellectual Property
Industry:
Court: U.S. District Court for New Jersey
Judge: District Judge Chesler
Attorneys:
For plaintiff:
For defendant:
Case number: 24-4404 (SRC)

Defendant moved to dismiss plaintiffs' patent infringement complaint for lack of subject matter jurisdiction.

July 03, 2024 | Delaware Business Court Insider

Novo Nordisk Seeks Patent Litigation Barrier to Ozempic Generic

The Ozempic manufacturer, represented in both cases by Fenwick & West, filed one complaint on Wednesday in the District of Delaware, then filed a nearly identical one in the Northern District of West Virginia.
2 minute read
Sage Chem., Inc. v. Supernus Pharm., Inc.
Publication Date: 2024-05-27
Practice Area: Antitrust
Industry: Manufacturing | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys:
For plaintiff: Dominick T. Gattuso, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; W. Gordon Dobie, Winston & Strawn LLP, Chicago, IL; Susannah P. Torpey, Winston & Strawn LLP, New York, NY; Robert A. Julian, Baker & Hostetler LLP, San Francisco, CA for plaintiffs.
For defendant: Gary W. Lipkin, Michelle C. Streifthau-Livizos, Saul Ewing LLP, Wilmington, DE; Charles O. Monk, II, Jordan D. Rosenfeld, Saul Ewing LLP, Baltimore, MD; Jeffrey S. Robbins, Saul Ewing LLP, Boston, MA; Michael F. Brockmeyer, David S. Shotlander, Haug Partners LLP, Washington, D.C.; Ralph E. Labaton, Aakruti G. Vakharia, Haug Partners LLP, New York, NY; Daniel M. Silver, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE; Erick J. Stock, Shireen Barday, Joshua Obear, Gibson Dunn & Crutcher LLP, New York, NY; Beth Moskow-Schnoll, Tyler B. Burns, Ballard Spahr LLP, Wilmington, DE; Adam K. Levin, Benjamin Holt, Ilana Kattan, Kaitlyn Golden, Hogan Lovells US LLP, Washington, D.C. for defendants.
Case number: 22-1302-CJB

Plaintiffs adequately pled antitrust claims by alleging various anticompetitive acts by defendants designed to prevent or delay market entry of competing products, which resulted in the failure of plaintiffs' product launch.

Andor Pharm., LLC v. Lannett Co., Inc.
Publication Date: 2024-05-13
Practice Area: Contracts
Industry: Manufacturing | Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys:
For plaintiff: Jesse L. Noa, P. Andrew Smith, Potter Anderson & Corroon LLP, Wilmington, DE; Scott W. Atherton, Terence M. Mullen, Atherton Galardi Mullen & Reeder PLLC, West Palm Beach, FL for plaintiff.
For defendant: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Julia Chapman, Stefanie A. Tubbs, Forrest E. Lovett, Dechert LLP, Philadelphia, PA for defendant.
Case number: N22C-06-078-EMD CCLD

Court denied claim for contract reformation based on mistake where claimant merely sought to revise an unfavorable deal, although reformation was only meant to fix written contracts that failed to comport with the parties' mutual understanding of their agreement.

May 10, 2024 | New York Law Journal

Great Expectancies: Anticipating Inheritance

Given their druthers, parents generally prefer to treat children equally when it comes to passing on parental property upon death however situations may exist where transfers can be fair and equitable, even though not in equal amounts or shares.
9 minute read
Janssen Pharm. Inc. v. Teva Pharm. USA, Inc.
Publication Date: 2024-04-30
Practice Area: Intellectual Property
Industry:
Court: U.S. District Court for New Jersey
Judge: District Judge Prost
Attorneys:
For plaintiff:
For defendant:
Case number: 2022-1307

Defendant appealed district court's holding it had not proved invalidity in a patent infringement action.

Nivagen Pharm., Inc. v. Hikma Pharm USA Inc.
Publication Date: 2024-04-22
Practice Area: Contracts
Industry: Pharmaceuticals
Court: Delaware Superior Court
Judge: Judge Medinilla
Attorneys:
For plaintiff: John A. Sensing, Andrew M. Moshos, Wilmington, DE for plaintiff.
For defendant: Dominick T. Gattuso, Elizabeth A. DeFelice, Wilmington, DE for defendant.
Case number: N23C-09-062 VLM CCLD

Tortious interference claim against parent corporation failed where plaintiff failed to allege facts supporting an inference that parent acted to maliciously harm plaintiff or was knowingly acting outside its subsidiary's economic interests.

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