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Supreme Court Denies Cert On Tribal Sovereign Immunity Question

Supreme Court Denies Cert On Tribal Sovereign Immunity Question

by Greg Castanias | May 10, 2019 | Pharmaceutical, PTAB News

Gregory A. Castanias and Jihong Lou – On April 15, the Supreme Court denied a petition for certiorari filed by Saint Regis Mohawk Tribe, leaving intact the Federal Circuit’s ruling that tribal sovereign immunity does not apply in inter partes reviews.  See Saint...
IPR Estoppel Applies Even After A Bench Trial On Validity

IPR Estoppel Applies Even After A Bench Trial On Validity

by Cary Miller | May 2, 2019 | Estoppel, Pharmaceutical

Cary Miller, Ph.D., and Jihong Lou, Ph.D. In a recent decision, a district court in the District of Delaware applied estoppel under 35 U.S.C. § 315(e)(2) to a defendant in Hatch-Waxman litigation, two and half years after the court conducted a bench trial on...
Communications with, and Criticism by, FDA in Analyzing Obviousness

Communications with, and Criticism by, FDA in Analyzing Obviousness

by Cary Miller | Apr 30, 2019 | Patent Eligible Subject Matter, Pharmaceutical

By Cary Miller, Ph.D., and Jihong Lou, Ph.D. On April 26, 2019, the Federal Circuit affirmed three final written decisions of the Patent and Trial Appeal Board (“Board”) in related inter partes reviews (“IPRs”) in which the Board upheld the patentability of all the...
IPR Appeal Dismissed After Biosimilar Development Discontinued

IPR Appeal Dismissed After Biosimilar Development Discontinued

by Cary Miller | Feb 14, 2019 | Federal Circuit Appeal, Pharmaceutical, Standing

By Jihong Lou, Ph.D. and Cary Miller, Ph.D. Article III of the Constitution imposes a “case or controversy” limitation on the jurisdiction of federal courts:  an actual case or controversy must exist between the parties at all stages of the federal court proceedings,...
Joined Parties Have Statutory Standing To Appeal

Joined Parties Have Statutory Standing To Appeal

by Jennifer Swize | Feb 5, 2019 | Federal Circuit, Joinder, Pharmaceutical

By: Jennifer L. Swize In Friday’s decision in Mylan Pharmaceuticals Inc. v. Research Corp. Technologies, Inc., No. 17-2088 (Fed. Cir. Feb. 1, 2019), the Federal Circuit held that a time-barred petitioner that is joined into a case has an independent right to appeal an...
Appellate Standing Not Precluded By Inability To Maintain Hatch-Waxman Suit

Appellate Standing Not Precluded By Inability To Maintain Hatch-Waxman Suit

by Matthew Johnson | Jan 31, 2019 | Federal Circuit Appeal, Pharmaceutical, Standing

By Mike Lavine and Matt Johnson Mylan Pharmaceuticals, Inc. petitioned for inter partes review (IPR) of U.S. Patent No. 6,858,650 (the “‘650 Patent”), which is owned by UCB Pharma GmbH (“UCB”) and is directed to chemical derivatives of a drug for treating urinary...
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The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.