By Oren Langer, Christopher Pinahs, Patrick Griffin, Demitri Dawson, and Christy May
This quarterly issue of the GENERICally Speaking campaign provides you and your company with some of the knowledge beneficial to remaining attentive to the complexity of ANDA patent litigation.
In this issue:
- United Therapeutics Corp. v. Liquidia Technologies, Inc.
Tyvaso® (treprostinil)
Because the patent-in-suit and a previously asserted patent are materially different, the court denied defendants’ motion to dismiss premised on claim-splitting, the first-filed rule, claim preclusion, issue preclusion, and the Kessler doctrine. - Merck KGaA v. Hopewell Pharma Ventures, Inc.
Mavenclad® (cladribine)
Emergency motion to lift the 30-month stay was denied when the court concluded that it lacked the authority to lift the stay because maintaining the stay would not cause irreparable competitive harm and Hopewell had not shown that Merck failed to reasonably cooperate in expediting the action on appeal.
Relevant ANDA Updates highlighted in this issue:
