by April Breyer Menon | Sep 27, 2017
On September 22, 2017, a District of Delaware jury in the matter Amgen v. Hospira, 15-cv-839-RGA (D. Del.) returned a verdict awarding Amgen $70 million for Hospira’s infringement of an Amgen patent covering the manufacture of Amgen’s erythropoetin product Epogen®....
by April Breyer Menon | Sep 21, 2017
On September 21, 2017, a Federal Circuit panel rejected an Eastern District of Texas judge’s proposed four-factor test for determining whether venue is proper over a defendant in a patent infringement action under the “regular and established place of business” prong...
by April Breyer Menon | Sep 1, 2017
April Breyer Menon, Corinne Atton and Ha Kung Wong reveal that PTAB decisions have been consistent but drug patents challenged multiple times are more likely to be found unpatentable. There has been some concern regarding the statistics periodically issued by the...
by April Breyer Menon | Aug 16, 2017
Justice Breyer seems to be indicating that the FDA’s interpretation of the BPCIA would be eligible for Chevron deference. And that might make sense with respect to the timing of the notice of commercial marketing. So, for example, the FDA might have some...
by April Breyer Menon | Aug 14, 2017
In my experience, since the PTAB—again, that’s the Patent Trial and Appeal Board—is more concerned about the facts and science of the issues specifically before them in each IPR more so than simply applying past precedent, I think it’s very hard to generalize...
by April Breyer Menon | Aug 11, 2017
One of the primary incentives provided in the BPCIA to engage in the “patent dance” is that if the applicant completes the dance and the reference product sponsor does not sue that 30-day period, as required by statue, infringement damages for patents that...