Weekly Patent Round-up

Weekly Patent Round-up

Delhi court rejects Bayer injunction against Natco Pharma generic

India’s Delhi High Court has dismissed a petition for an injunction by German pharma company Bayer against an Indian competitor. In a judgment on Thursday July 11, the court said Bayer could not stop Natco Pharma from launching a generic used to treat colorectal cancer and advanced gastrointestinal tumours. The dismissal comes after an earlier July 5 ruling in which Bayer secured an injunction against Natco, but Natco appealed the decision….

Inequitable Conduct Accusations Still Powerful Pharma Patent Litigation Tool Post-Therasense

When proven, accusations of fraud-like behavior in the Patent Office make patents unenforceable, but the Federal Circuit has called such accusations a “plague” on the system. Cooley’s Jason A. Lief takes a look at the law of inequitable conduct after the Federal Circuit’s Therasense opinion. Accusations are the currency of conflict. True accusations reveal wrongdoing; false accusations harm reputations, subject the accused to ordeal and waste resources….

Merck & Co., Mylan Settle Patent Suit on Noxafil Antifungal Copy

Merck and Mylan have settled a lawsuit in which Merck had accused Mylan’s proposed generic of the antifungal Noxafil of infringing two patents for the injectable version of the drug.
             Mylan is blocked from making copies “unless otherwise specifically authorized pursuant to the settlement,” according to agreement approved Monday in federal court in Wilmington, Delaware
             Patents expire in June and July 2031, according to filing
             Merck previously had reached settlements with Actavis, Roxane, Par and Fresenius, allowing each to launch…
The revised Rules of Procedure of the EPO Boards of Appeal

The Boards of Appeal of the European Patent Office (EPO) published on 3 July 2019 their revised Rules of Procedure, which will come into force on 1 January 2020 and will apply also to pending appeals (with some exceptions under Article 25, see below). The revision includes several changes, in particular the introduction of a so-called “convergent approach”, which comprises the following three levels…

Endo Pharma To Pay $2.3M To 18 States In Lidoderm Deal

Endo Pharmaceuticals Inc. has agreed to pay $2.3 million to 18 states in a deal … The states, including Illinois, Florida, Hawaii and Utah, claim Endo had an … joint motion for a settlement agreement and stipulated order also filed Friday. … due to concerns over drug prices and repeated antitrust allegations….

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