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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]