Catching Up-Week of October 20th

Posted on | January 8, 2009 | 2 Comments

As part of our recently announced plan to "catch-up" on coverage of cases, here are brief summaries of the appeals filed during the week of 20 October 2008 that we didn't already cover.

I expect a series of these Catching Up posts over the next few weeks until we get through December's filings, and then we will resume our regular coverage.  Josh has also promised some On The Radar posts soon, so the pressure is on.

2009-1032 Boehringer Ingelheim v. Barr Labs
D/DE 05-cv-700
Judge Joseph Farran

Plaintiff Boehringer appeals from the judgment of Judge Farran that the claims of 4,886,812 directed to pramipexole dihydrochloride, the active ingredient in Mirapex®, are invalid for nonstatutory double patenting.  The case was based on an ANDA filed by defendants and the matter tried to the court.

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2009-1033 Cordis v. Medtronic
D/DE 97-cv-550
Judge Sue Robinson

Defendants appeal from the opinion of Judge Sue Robinson confirming infringement, validity and damages regarding 4,739,762 concerning coronary stents.  The case was filed in 1997 and resulting in 4 liability trials, 2 damages trials and at least one appeal, 511 F.3d 1157 (Fed. Cir. 2008).  On remand, the court considered the effect of the Federal Circuit's changes to certain claim construction.  The court concluded that:

• a new trial on obviousness of claim 23 is not needed and the claim is valid;

• defendant Boston Scientific has waived any defense of obviousness with respect to claim 44; and

• no new trial on damages is needed.

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