Weekly Patent Round-up

Weekly Patent Round-up

Drug Cos. Hit Back In High Court ‘Blocking Patent’ Fight

A group of generic-drug makers pushed the U.S. Supreme Court on Friday to uphold the so-called “blocking patent” doctrine that was used to strike down multiple Acorda Therapeutics patents for multiple sclerosis drug Ampyra, opening the door for companies to launch generic versions of the medication….

InvaGen Agrees To Admit Infringing Diabetes Drug To End Suit

Pharmaceutical companies Mitsubishi Tanabe Pharma Corp., Janssen Pharmaceuticals Inc. and Cilag GmbH International have asked a New Jersey federal judge to sign off on their deal to drop a patent infringement lawsuit against InvaGen Pharmaceuticals Inc. over its application for the generic version of Janssen’s diabetes treatment Invokamet…

Fumarate and phosphate: Same same, but different?

This case is about an alleged infringement of Gilead’s SPC C00915894; the basic patent is EP 0 915 894 B1 (see EPO Register and Swissreg). Gilead’s products are Truvada® and Atripla® which are pharmaceuticals for the treatment of HIV-1 infection…
DE – Federal Court Of Justice Confirms Rejection Preliminary Compulsory License Cholesterol Lowering Drugs

In its decision of 4 June 2019, the tenth senate of the Federal Court of Justice (FCJ) confirmed a rejection of an application for a preliminary compulsory license for a cholesterol-lowering drug. It is just the second time that the FCJ had to deal with the questions of a compulsory licence. The first case concerning an HIV Drug dates from July 2017. In that decision from 2017 the FCJ granted a compulsory licence. Now the FCJ has rejected such a compulsory licence as the facts of the cases differ…
A Functionally Claimed One-Step Method

Eli Lilly and Company v. Erfindergemeinschaft UroPep GbR, SCT Docket No. 18-1515 (Supreme Court 2019)
Lilly’s new petition for writ of certiorari asks an easy question:
“Whether a single-step patent claim that describes its point of novelty solely in functional terms violates the rule against functional claiming set forth in Halliburton Oil Well Cementing Co. v. Walker, 329 U.S. 1 (1946)”…

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