Lilly’s Gemzar Patent Invalid For Double-Patenting

2010-1105 Sun Pharma v. Eli Lilly
ED/MI 07-cv-15087
Judge George Caram Steeh
Eli Lilly appeals from the grant of partial summary judgment by Judge George Caram Steeh finding that certain claims of its US Patent No. 5,464,826 invalid for double patenting.  The case arose from Sun's ANDA filing seeking to market a generic form of GEMZAR, Lilly's [...]

StarLac Decision A Tough Pill For Takeda To Swallow

2010-1104 Takeda v Teva
D/DE 07-cv-331
Judge Sue Robinson
Takeda and Ethylpharm appeal from the judgment following a bench trial before Judge Sue Robinson that Teva's ANDA filing for a generic form of PREVACID Solutabtm does not infringe 5,464,632 related to a pharmaceutical formulation for an oral disintegrating tablet.  These tablets allow the oral administration of an [...]

Exela ANDA Infringes Allergan’s Patents

2010-1102 Allergan v. Exela PharmSci
In re Brimonidine Patent Litigation
D/DE 07-md-1866
Judge Gregory Sleet
Defendant Exela appeals from the judgment following a bench trial that its ANDA for a brimonidine solution for glaucoma treatment infringed several patents of Allergan.  Allergan markets its product as ALPHAGAN P.  The court also rejected a myriad of invalidity arguments.

Abbyy’s Foreign Entities Dodge California Lawsuit

2010-1100 Nuance v. Abbyy Software
ND/CA 08-cv-02912
Judge Jeffrey White
Patentee Nuance appeals from the order and judgment dismissing defendants Abbyy Production (a Russian entity) and Abbyy Software (a Cypriot entity) for failure to properly serve and for lack of personal jurisdiction.  The case continues against other Abbyy entities.

Ripmax RC Patent Does Crash And Burn

2009-1098 Horizon Hobby v. Ripmax
CD/IL 07-cv-2133
Judge Michael McCuskey
Patentee Ripmax appeals from the order and judgment of Judge Michael McCuskey confirming the jury verdict that the asserted claims of 6,983,128 were invalid as anticipated and obvious.  The patent relates to a radio control system for model cars, boats, airplanes, etc.  The case also involved claims [...]

Teva’s Generic VIGAMOX Dealt A Black Eye

2009-1097 Alcon Inc. v. Teva Pharmaceuticals
D/DE 06-cv-234
Judge Sue Robinson
Defendant Teva appeals from the verdict following a bench trial before Judge Sue Robinson finding that its ANDA to market a generic version of VIGAMOX, a topical ophthalmic solution comprising the active ingredient moxifloxacin hydrochloride, infringes 6,716,830 and that the claims are valid.

When (Claimed) Size Matters

2010-1096 Biopolymer v. Immunocorp
D/MN 05-cv-536
Judge Joan Ericksen

Plaintiff Biopolymer appeals the grant of summary judgment by Judge Joan Ericksen finding that defendants did not infringe 5,702,719, related to an animal nutritional supplement with yeast cell wall extract.
The case involved 14 patents but, following the grant of partial summary judgments all around, the parties settled and [...]

Enforcing Settlement Not A Federal Case

2010-1094 Kawasaki Hvy Indus v. Bombardier Rec
ED/TX 5:06-cv-222Judge David Folsom
Kawasaki appeals from the order of Judge David Folson denying its FRCP 60(b)(3) motion to set aside a stipulated dismissal and to enforce the terms of a settlement agreement.  The dismissal was entered after the parties had resolved a patent infringement dispute and entered into [...]