- Acumen Powered by Robins Kaplan LLP®
- Affirmative Recovery
- American Indian Law and Policy
- Antitrust and Trade Regulation
- Appellate Advocacy and Guidance
- Business Litigation
- Civil Rights and Police Misconduct
- Class Action Litigation
- Commercial/Project Finance and Real Estate
- Corporate Governance and Special Situations
- Corporate Restructuring and Bankruptcy
- Domestic and International Arbitration
- Entertainment and Media Litigation
- Health Care Litigation
- Insurance and Catastrophic Loss
- Intellectual Property and Technology Litigation
- Mass Tort Attorneys
- Medical Malpractice Attorneys
- Personal Injury Attorneys
- Telecommunications Litigation and Arbitration
- Wealth Planning, Administration, and Fiduciary Disputes
Acumen Powered by Robins Kaplan LLP®
Ediscovery, Applied Science and Economics, and Litigation Support Solutions
-
December 4, 2023Robins Kaplan LLP Announces 2024 Partners
-
November 30, 2023U.S. Court of Appeals Affirms PTAB Decision in Favor of Robins Kaplan Client Collegium
-
November 20, 2023Kellie Lerner Named Interim Co-Lead Class Counsel in Taser And Body Camera Antitrust Litigation
-
December 8, 2023LGBTQ Legal Services: Transgender Name Change Clinic
-
December 12, 2023Ethics Check-In! – USPTO Insight and Practical Implications of AI
-
January 4, 9, and 11, 2024Payment Card Settlement for U.S. Merchants
-
Fall 2023All Is Not Lost: Personal Jurisdiction in a Post-BMS World
-
November 10, 2023E-Commerce Platform Liability for Trademark Infringement
-
November 8, 2023Generative Artificial Intelligence, LLMs, And Fair Use After Warhol: The Copyright Office and Accountability
-
September 16, 2022Uber Company Systems Compromised by Widespread Cyber Hack
-
September 15, 2022US Averts Rail Workers Strike With Last-Minute Tentative Deal
-
September 14, 2022Hotter-Than-Expected August Inflation Prompts Massive Wall Street Selloff
Find additional firm contact information for press inquiries.
Find resources to help navigate legal and business complexities.
Read our attorneys' take on the latest news and trends in the legal and business industries.
GENERICally Speaking Hatch Waxman Bulletin
The Hatch-Waxman Litigation practice group at Robins Kaplan LLP is pleased to offer the latest edition of their quarterly publication regarding ANDA patent litigation issues and the generics business.
Vol. 6, No. 4
Winter 2016
Relevant court decisions highlighted in this issue:
- Roxane Labs., Inc. v. Camber Pharms. Inc.
In view of Plaintiff’s prosecution arguments, including one of the inventor’s declarations, the district court’s claim construction was affirmed as was its final judgment of non-infringement; transfer of venue was proper and the district court did not abuse its discretion in so holding. - Endo Pharms. Inc. v. Actavis Labs. UT, Inc.
Obviousness finding was appropriate where there were unpredictable results with each possible proposed combination. - Bayer Pharma AG v. Watson Labs., Inc.
After a ruling of patent validity and infringement, the court did not impose a permanent injunction where patentee, given its highly speculative arguments of a premature ANDA product launch, failed to show irreparable harm and lack of an adequate remedy at law.
Relevant ANDA updates highlighted in this issue:
- ANDA Approvals
- ANDA Litigation Settlements
- Generic Launches
- New ANDA Cases
Related Professionals
Miles A. Finn, Ph.D.
Counsel
Plaintiffs met their burden of proof in showing that defendants’ drug particles are embedded in sufficient polymer particles for the resulting formulation to be described as drug particles “covered by” or “surrounded” in line with the court’s claim construction.
After a ruling of patent validity and infringement, the court did not impose a permanent injunction where patentee, given its highly speculative arguments of a premature ANDA product launch, failed to show irreparable harm and lack of an adequate remedy at law.
Obviousness finding was appropriate where there were unpredictable results with each possible proposed combination.
The two prior-art references relied on by Defendants to prove obviousness did not give a POSA a reasonable expectation of success at making the claimed invention; and Teva’s implied license defense was rejected by the court.
Because a first patent directed to a stable ertapenem composition and a method of stabilizing ertapenem was found valid and infringed, a second patent directed to the creation of the carbamate adduct of ertapenem using routine techniques was invalid as obvious: it contained no inventive concept that was not disclosed in the other patent.
Testing expired samples and conducting “uncontrolled experiments” on non-expired samples lead to a finding of non-infringement.
After a showing of a likelihood of success on the merits and irreparable harm, plaintiff was granted a preliminary injunction preventing defendants from importing isosulfan blue into the US.
While the product patent-in-suit was found to be invalid as obvious, the process patent improving bioavailability of buprenorphine was held valid and infringed.
In view of Plaintiff’s prosecution arguments, including one of the inventor’s declarations, the district court’s claim construction was affirmed as was its final judgment of non-infringement; transfer of venue was proper and the district court did not abuse its discretion in so holding.
Listing Orange-Book patents is not a tortious act as it is required by law, therefore, no specific jurisdiction exists under Ohio’s long-arm statute.
Any information that you send us in an e-mail message should not be confidential or otherwise privileged information. Sending us an e-mail message will not make you a client of Robins Kaplan LLP. We do not accept representation until we have had an opportunity to evaluate your matter, including but not limited to an ethical evaluation of whether we are in a conflict position to represent you. Accordingly, the information you provide to us in an e-mail should not be information for which you would have an expectation of confidentiality.
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.