Weekly Patent Litigation Round-up

Weekly Patent Litigation Round-up


After raking in billions with its COVID shot, Moderna faces patent infringement suit related to vaccine delivery tech

Last last year, Moderna lost a legal bid to invalidate two Arbutus Biopharma patents tied to the delivery of its COVID-19 vaccine. At the time, it wasn’t so much a question of whether Arbutus would sue the messenger RNA vaccine giant for infringement, but when. Now, the other shoe has dropped. Arbutus and Roivant’s Genevant Sciences on Monday filed (PDF) a lawsuit against Moderna in the U.S. District Court for the District of Delaware. In their suit, the companies seek damages for infringement on six patents they claim Moderna infringed with the production and sale of its COVID-19 vaccine…



Viatris Agrees to Settle EpiPen Antitrust Litigation for $264 Million

Viatris, the drugmaker previously known as Mylan, announced on Monday that it had agreed to pay $264 million to settle a class-action lawsuit that alleged the company was involved in an illegal scheme to monopolize the market for epinephrine auto-injector devices known as EpiPens, which are used to treat severe allergic reactions. The proposed settlement, which needs to be approved by a judge, would resolve a legal battle that began after Mylan, in 2016, raised the price for a pack of two EpiPens to $608 from $100, the price since 2007, according to court documents…



Sanofi, Spectrum Settle Patent Suit on Rolontis Treatment

Sanofi’s Bioverativ unit settled a lawsuit with Spectrum Pharmaceuticals Inc., whose proposed Rolontis—a drug used to treat a condition caused by chemotherapy that leaves patients more susceptible to infections—it had accused of infringing three patents. Bioverativ and Spectrum dropped all claims and counterclaims with prejudice, but no details of the settlement were provided in the dismissal order approved Wednesday in the U.S. District Court for the District of Delaware…



California, Rest In Peace: Pharmaceutical Companies, Keep Your Settlement Discussions Out of California

For nearly a decade, the Supreme Court’s FTC v. Actavis decision has guided pharmaceutical litigators and advisors exploring the antitrust risks inherent in settling pharmaceutical patent lawsuits, especially when such settlements could be viewed to include large and unjustified payments to an alleged infringing ANDA filer (or biosimilar manufacturer).  But settlements that touch the California sun—those negotiated, completed, or entered within the limits of the Golden State—are now governed by a different, more restrictive standard, and one that may impose individual liability, under Assembly Bill 824 (“AB 824”).  While a federal district court preliminarily enjoined the law to the extent it sought nation-wide application, AB 824 still governs all pharmaceutical “settlement agreements negotiated, completed, or entered into within California’s borders[,]” altering the calculus for all future pharmaceutical settlements…



A new patent system for Europe

Major changes to the way European patents are dealt with are coming. These changes affect granted European patents as well as new applications. A new type of European patent, commonly referred to as the “Unitary Patent” (“UP”), will soon be available. The Unitary Patent will allow a single patent to have effect in every participating European country, without the need to “validate” the patent in individual countries, as is currently required to give effect to a “classical” European patent. Along with the Unitary Patent, a new Unified Patent Court (“UPC”) will be set up to hear cases relating to Unitary Patents. The UP and UPC are expected to come into force in late 2022 or early 2023…



India – IP Division And Rules Governing Patent Suits Notified By High Court Of Delhi

The High Court of Delhi has on February 24, 2022 notified the much-awaited Intellectual Property Division Rules, known as “The Delhi High Court Intellectual Property Rights Divisions Rules, 2022 (DHC-IPD Rules, 2022)” and “High Court of Delhi Rules Governing Patent Suits, 2022”. The High Court of Delhi has received over 3000 IP cases transferred from the erstwhile Intellectual Property Appellate Board (IPAB). To dispose of those cases expeditiously and to streamline adjudication of other IP disputes, a committee was formed by the Chief Justice of the High Court of Delhi. On the recommendations of the committee, an IP Division (IPD) was created in the High Court of Delhi, a first in the country, to deal with all matters relating to IP including fresh and pending infringement suits, appeals against the decisions of the Patent/Trademark/Copyright Offices, revocation/cancellation actions and applications for rectification of patents/trademark register…



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