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Archive for the ‘Pharmaceuticals’ Category

Federal Circuit Finds Bayer’s Yaz Birth Control Patent Invalid for Obviousness

Bayer Healthcare Pharm., Inc. v. Watson Pharm., Inc.
By Erica Larson – Edited by Suzanne Van Arsdale

The Court of Appeals for the Federal Circuit reversed the judgment of the Nevada District Court, which ruled that claims 13 and 15 of Bayer Healthcare Pharmaceuticals, Inc. and Bayer Schering Pharma AG (“Bayer”) U.S. Patent RE37,564 were not invalid for obviousness. The patent claimed a combination of synthetic hormones and dosing regimens used by Bayer in the Yaz birth control pill.

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Posted On Apr - 30 - 2013 Comments Off READ FULL POST

The Way the Cookie Crumbles: “Metaphorical” Arguments Before The Supreme Court on the Patentability of Genes

Ass’n for Molecular Pathology v. Myriad Genetics, Inc.
By Alex Shank – Edited by David LeRay

On Monday, April 15, the Supreme Court heard oral arguments to determine the validity of a patent encompassing the use of the BRCA1 and BRCA2 genes. Mutations in these genes correlate strongly with the development of breast and ovarian cancers. As the patent owner, Myriad Genetics, Inc. (“Myriad”) possesses and exercises the exclusive right to sell diagnostic testing kits based on these genes.

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Posted On Apr - 29 - 2013 Comments Off READ FULL POST

Supreme Court Hears Oral Arguments on Reverse Payments to Generic Drug Manufacturers

FTC v. Actavis, Inc.
By Suzanne Van Arsdale – Edited by Jennifer Wong

On Monday, March 25, the Supreme Court heard oral arguments in FTC v. Actavis, Inc., to determine the legality, under antitrust laws, of patent litigation settlements made by the maker of a brand-name drug to the maker of a generic competitor to keep the generic off the market temporarily, known as a “reverse payment agreement” or “pay for delay.”

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Posted On Apr - 3 - 2013 Comments Off READ FULL POST
Third Circuit Subjects Reverse Payments to Strict Antitrust Scrutiny By Jie Zhang – Edited by Charlie Stiernberg In Re: K-Dur Antitrust Litigation, No. 10-2077 (3d Cir. July 16, 2012) Slip opinion The Third Circuit Court of Appeals reversed the summary judgment of the United States District Court for the District of New Jersey, which had rejected an antitrust challenge to a reverse payment agreement between the K-Dur patent holder Schering-Plough Corporation (“Schering”) and the generic drug manufacturer Upsher-Smith Laboratories (“Upsher”) ... Read More...
Posted On Aug - 7 - 2012 Comments Off READ FULL POST
Written By: Sally Wang Edited By: Charlie Stiernberg Editorial Policy Introduction: Drug marketing faces the problem of an arms race — competitors attempt to out-compete each other by boosting their marketing efforts, at great expense, only to find that the baseline level of marketing needed to maintain the status quo has increased accordingly. These inefficiencies are costly and often harmful to the stakeholders — drug companies, patients, payors (e.g., Medicare/Medicaid or health insurance companies) and physicians. The Food and Drug Administration (“FDA”) is in ... Read More...
Posted On May - 25 - 2012 Comments Off READ FULL POST
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