Weekly Patent Round-up

Weekly Patent Round-up

Eli Lilly and Company v. Fresenius Kabi Nederland B.V., District Court The Hague, 19 June 2019, Case no. ECLI:NL:RBDHA:2019:6107

Contrary to the Court of Appeal in summary proceedings, and contrary to various foreign decisions in parallel proceedings, the District Court of the Hague rules in the case on the merits that the scope of protection of Eli Lilly’s patent EP 1 313 508 (hereafter: EP 508), entitled ‘Combination containing an antifolate and methylmalonic acid lowering agent’ is limited to the use of pemetrexed disodium and that the pemetrexed tromethamine used by Fresenius falls outside the scope of protection, as the claims are consciously limited to pemetrexed disodium.….
English High Court refuses to grant Pfizer Arrow declaration

Pfizer’s attempt to secure an Arrow declaration in relation to its proposed launch of a cancer drug in Europe was shot down yesterday, June 20, by the English High Court. Pfizer was seeking an Arrow declaration (a declaration that certain acts would have been obvious in light of the state of the art at a particular date) for its proposed launch of a biosimilar monoclonal antibody drug called Zirabev (bevacizumab), which is used to treat various cancers in combination with other drugs….
Purdue Pharma Patent Suit Against Collegium Survives Dismissal

·   Purdue’s right to sue would exhaust after first sale
·   Questions remained about first sale
An agreement between Purdue Pharma L.P. and Assertio Therapeutics Inc. that forbade Collegium NF LLC from selling Nucynta doesn’t actually prevent Collegium from selling the pain-relief drug. The doctrine of patent exhaustion allows Collegium to resell the drug after a licensed purchase from Assertio, the U.S. District Court for the District of Delaware said June 19. But questions remained as to whether Assertio transferred the drug’s title to Collegium, preventing the court from dismissing the case…
Fed. Circ.’s Vimovo Ruling Harms Innovation, Horizon Says

The Federal Circuit has heightened the standard for patenting new drugs by requiring companies to prove that new inventions are effective to satisfy written description requirements, Horizon Pharma and Nuvo Pharmaceuticals said in a bid to get two patents for the pain reliever Vimovo revived.…

AstraZeneca Settles Patent Suit on Copycat Faslodex Cancer Drug

AstraZeneca settled a lawsuit in which it had accused three companies of violating patents with a proposed generic version of Faslodex, an injectable treatment for breast cancer.
             Sino Biopharm’s Chia Tai Tianqing, Athenex, and The WhiteOak Group are blocked from selling their copy of Faslodex “except as specifically authorized” in the settlement agreement, according to consent judgment approved Friday in federal court in Camden, New Jersey
             Faslodex had U.S. sales of $537 million in 2018, 2.6% of AstraZeneca’s revenue, according…

Momenta, Amphastar settle generic Lovenox drug patent case

Amphastar Pharmaceuticals Inc on Wednesday said Momenta Pharmaceuticals Inc and Novartis AG’s Sandoz unit will pay it $59.9 million to resolve patent and antitrust lawsuits over their dueling generic versions of the blood-thinner Lovenox. The settlement ends an appeal by Momenta and Sandoz of a Boston federal jury’s 2017 verdict finding that a patent they claimed Amphastar infringed was invalid, a decision that exposed them to losing $100 million that they had posted as a bond earlier in the litigation.….

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