Weekly Patent Litigation Round-Up

Weekly Patent Litigation Round-Up


Federal Circuit Denies En Banc Review in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA

The 2020 decision by a divided Federal Circuit panel in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA regarding the extent to which an ANDA applicant who obtained regulatory approval under the Section viii carve-out provisions of the statute could be liable for inducement of infringement under 35 U.S.C. § 271(b) caused something of an uproar, leading to a panel rehearing on the matter but ultimately coming to the same conclusion.  Both decisions were issued in the face of a strong dissent by Judge Prost, in the first decision while she was Chief Judge.  Last Friday, the Court decided not to rehear the matter en banc, over the dissenting opinions of three of the judges (including Judge Prost).



Roche settles lawsuit claiming AstraZeneca’s Ultomiris infringes delivery patent

Roche has decided to close out a patent infringement lawsuit against AstraZeneca centering on the latter company’s newly acquired rare disease drug Ultomiris. Roche’s Chugai Pharmaceutical and AZ’s Alexion Pharmaceuticals inked a deal to end a lawsuit claiming Alexion unlawfully used Chugai’s patented drug-delivery technology to reduce the dosing frequency for blockbuster Ultomiris, a filing in Delaware federal court shows.



Gilead, ViiV Healthcare Enter $1.25B Settlement Over HIV Drug

ViiV Healthcare, GSK, and Shionogi recently entered a $1.25-billion settlement over the global patent infringement litigation with Gilead concerning its HIV drug combined with three HIV integrase inhibitors. The companies previously alleged that Gilead’s triple combination HIV medicine, Biktarvy- containing HIV integrase inhibitors bictegravir, tenofovir, alafenamide, and emtricitabine-infringed their patents relating to dolutegravir.



Sun, Lupin Settle BromSite Patent Suit as Judge Nixes Own Ruling

A federal judge granted a request by Sun Pharmaceutical Industries Ltd. that she throw out her Sept. 30 opinion and order invalidating its patent related to the eye drug BromSite, after Sun and generic-drug maker Lupin Ltd. said they’d settled “all disputes” in their infringement lawsuit.



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