Global IP Scorecards (TM)

Meloxicam

Kate@DuncanBucknell.com (Kate) — Wed, 15 Apr 2009 07:00:00 -0500

Meloxicam is a nonsteroidal anti-inflammatory drug of the oxicam class, used to relieve the symptoms of arthritis, primary dysmenorrhea, fever; and as an analgesic, especially where there is an inflammatory component.

Contributions

United States: Kate

Mon, 17 Nov 2008 23:00:00 -0500

Boehringer sues to block Norbrook’s generic Metacam (Law360)

Pantoprazole

Kate@DuncanBucknell.com (GenericsWeb) — Mon, 13 Apr 2009 15:00:00 -0500

Pantoprazole is a proton pump inhibitor drug used for short-term treatment of erosion and ulceration of the esophagus caused by gastroesophageal reflux disease. Initial treatment is generally of eight weeks' duration, after which another eight week course of treatment may be considered if necessary. It can be used as a maintenance therapy for long term use after initial response is obtained. The active ingredient in PROTONIX (pantoprazole sodium) Delayed-Release Tablets is a substituted benzimidazole , sodium 5-(difluoromethoxy)-2-[[(3,4-dimethoxy-2-pyridinyl)methyl] sulfinyl]-1 H -benzimidazole sesquihydrate, a compound that inhibits gastric acid secretion.

CA2089748 – Solvay and Altana filed an Application for Order of prohibition until expiry of the patent against Apotex on 09/03/06. Apotex alleges non-infringement and invalidity. (GenericsWeb)

Canada: GenericsWeb

Tue, 04 Oct 2005 00:00:00 -0500

CA2092694 – Solvay and Altana filed an Application for Order of prohibition until expiry of the patent against Apotex on 04/10/05. Apotex alleges non-infringement. (GenericsWeb)

Apotex seeks declaratory judgment of non infringement in conjunction with its ANDA for manufacture generic version of Eisai’s Aricept (Patent Docs)

United Kingdom: Kate

Thu, 01 May 2008 00:00:00 -0500

Court of Appeal orders NICE to grant Esai and Pfizer access to information on how it reached its decision on whether to recommend prescription of Aricept; NICE had claimed duty of confidence prevented disclosure: (IPKat),

United States: Kate

Sat, 29 Mar 2008 01:00:00 -0500

US federal judge grants Eisai’s request for preliminary injunction blocking Teva from marketing generic version of Aricept: (IP Law360), (Orange Book Blog),

India: Kate

Sat, 15 Mar 2008 01:00:00 -0500

USV wins appeal against USPTO decision: (Spicy IP),

India: Kate

Sun, 09 Mar 2008 00:00:00 -0500

USV receives US patent related to pharmaceutical ingredient used in Aricept, reversing an earlier refusal: (IP Law360),

United States: Kate

Sun, 09 Mar 2008 00:00:00 -0500

USV receives US patent related to pharmaceutical ingredient used in Aricept, reversing an earlier refusal: (IP Law360),

United States: Kate

Thu, 27 Dec 2007 00:00:00 -0500

Eisai sues Mutual Pharmaceutical Co., Inc. and United Research Laboratories, Inc. claiming that its ANDA filing for Aricept ODT would infringe Eisai's composition of matter patent: (SmartBrief)

United States: GenericsWeb

Thu, 20 Dec 2007 00:00:00 -0500

U.S. District Court for the District of New Jersey issued a ruling on 20/12/07 dismissing a lawsuit against Mutual on the procedural grounds that there is no case or controversy between the parties, because Mutual did not make a certification challenging the patent and does not yet have FDA approval to market its product. The Court did not address the substantive merits of Eisai's infringement action against Mutual. (GenericsWeb)

Femara (Letrozole)

Kate@DuncanBucknell.com (Kate) — Sun, 25 Jan 2009 09:00:00 -0500

Femara (Letrozole) is an oral non-steroidal aromatase inhibitor that has been introduced for the adjuvant treatment of hormonally-responsive breast cancer.

Estrogens are produced by the conversion of androgens through the activity of the aromatase enzyme. Letrozole blocks production of estrogens in this way by competitive, reversible binding to the heme of its cytochrome P450 unit. The action is specific, and letrozole does not reduce production of mineralo- or corticosteroids. In contrast, the antiestrogenic action of tamoxifen, the major medical therapy prior to the arrival of aromatase inhibitors, is due to its interfering with the estrogen receptor, rather than inhibiting estrogen production.

Contributions

United States: Kate

Wed, 03 Dec 2008 00:00:00 -0500

Mylan and Novartis settle Femara litigation (Patent Docs)

United States: Kate

Mon, 01 Dec 2008 00:00:00 -0500

Mylan, Novartis settle patent dispute over generic Femara (Law360) (GenericsWeb)

Thailand: Kate

Sun, 09 Mar 2008 00:00:00 -0500

After promising to reconsider its aggressive stance on compulsory licensing, Thailand’s new government decides to override international patents on three cancer drugs: Femara (Letrozole), Tarceva (Erlotinib), Taxotere (Docetaxel): (IP Law360), (Generic Pharmaceuticals & IP), (GenericsWeb), (Patent Docs),

Thailand: Kate

Sat, 26 Jan 2008 00:00:00 -0500

Thailand plans to issue four cancer drug compulsory licences - Vichai panel has advised the public health minister to issue compulsory licences for Letrozole, Imatinib, Docetaxel, and Erlotinib: (Generic Pharmaceuticals & IP) (for update on Imatinib see posting listed by drug name below),

Drug eluting stents

Kate@DuncanBucknell.com (Kate) — Mon, 22 Dec 2008 08:00:00 -0500

A Drug eluting stent is a coronary stent (a scaffold) placed into narrowed, diseased coronary arteries that slowly releases a drug to block cell proliferation. This prevents fibrosis that, together with clots (thrombus), could otherwise block the stented artery, a process called restenosis. The stent is usually placed within the coronary artery by an Interventional cardiologist during an angioplasty procedure.

Drug-eluting stents in current clinical use were approved by the FDA after clinical trials showed they were statistically superior to bare-metal stents (BMS) for the treatment of native coronary artery narrowings, having lower rates of major adverse cardiac events (MACE) (usually defined as a composite clinical endpoint of death + myocardial infarction + repeat intervention because of restenosis)

Contributions

Contributions

Seroxat (Paroxetine)

Kate@DuncanBucknell.com (Kate) — Wed, 17 Dec 2008 08:00:00 -0500

Paroxetine (trade names Seroxat, Paxil, Parotin, Aropax, Xetanor, ParoMerck, Rexetin) is a selective serotonin reuptake inhibitor (SSRI) antidepressant. It was released in 1992 by the pharmaceutical company GlaxoSmithKline. In 2006 it was the fifth-most prescribed antidepressant in the United States retail market, with more than 19.7 million prescriptions.

CA2211522 – GlaxoSmithKline filed an Application for Order of prohibition until expiry of the patent against Pharmascience. (GenericsWeb)

Canada: Kate

Thu, 04 Oct 2001 00:00:00 -0500

CA1287060 – GlaxoSmithKline filed an Application for Order of prohibition until expiry of the patent against Genpharm. (GenericsWeb)

Canada: Kate

Thu, 04 Oct 2001 00:00:00 -0500

CA2214575 – GlaxoSmithKline filed an Application for Order of prohibition until expiry of the patent against Genpharm. (GenericsWeb)

Prevacid (Lansoprazole)

Kate@DuncanBucknell.com (Kate) — Tue, 16 Dec 2008 08:00:00 -0500

Lansoprazole is a proton pump inhibitor which prevents the stomach from producing acid. It is manufactured by a number of companies worldwide under several trade names (some brand names include: Prevacid, Helicid, Zoton, Inhibitol).

Dr Reddy’s and Novartis settle Exelon patent dispute: (Therapeutics Daily),

United States: Kate

Mon, 21 Jan 2008 00:00:00 -0500

Dr Reddys settles US patent dispute with Novartis over dementia treatment Exelon: (Generic Pharmaceuticals & IP), (IP Law360),

United States: Kate

Thu, 06 Dec 2007 00:00:00 -0500

Sun Pharmaceutical Industries and Watson Pharmaceuticals settle with Novartis: (IPLaw360), (Generic Pharmaceuticals & IP), (BIO Smartbrief),

Risperdal (Risperidone)

Kate@DuncanBucknell.com (Kate) — Mon, 15 Dec 2008 08:00:00 -0500

Risperidone (sold under the trade name Risperdal or Ridal) is an atypical antipsychotic developed by Janssen-Cilag.

CA2194564 – Janssen filed an Application for Order of prohibition until expiry of the patent against Novopharm on 11/02/05. Novopharm alleges non-infringement. (GenericsWeb)

Alendronic acid or alendronate sodium (sold as Fosamax by Merck) is a bisphosphonate drug used for osteoporosis and several other bone diseases. It is marketed alone as well as in combination with vitamin D (2,800 U and 5600 U, under the name Fosamax+D).

EP0998292 - High Court revokes patent upon challenge by Teva.

AstraZeneca scored a half-win in its bid to disqualify two experts proposed by Teva: (IPLaw360),

Latanoprost (Xalatan)

kate@duncanbucknell.com (GenericsWeb) — Thu, 04 Dec 2008 00:00:00 -0500

Latanoprost ophthalmic solution is a topical medication used for controlling the progression of glaucoma or ocular hypertension, by reducing intraocular pressure. It is a prostaglandin analogue that works by increasing the outflow of aqueous fluid from the eyes.

It is also known by the brand name of Xalatan manufactured by Pfizer.

Contributions

Actonel (Risedronic Acid)

kate@duncanbucknell.com (Anonymous) — Thu, 13 Nov 2008 21:25:00 -0500

Risedronic acid or risedronate sodium is a bisphosphonate used to strengthen bone, treat or prevent osteoporosis, and Paget's disease. It is produced and marketed by Procter & Gamble and Sanofi-Aventis.

This scorecard tracks global intellectual property events relevant to the Coca Cola Company. You can read more about them at the wikipedia entry.

Coca-Cola Co – CAFC upholds conviction of former Coca-Cola secretary charged with conspiring to steal trade secrets for selling to PepsiCo: (IP Law360)

India: Kate

Thu, 01 May 2008 00:00:00 -0500

‘Mazaa’ trade mark trouble for Coca-Cola: (Spicy IP)

Lexapro / Cipralex - (Citalopram/Escitalopram)

info@genericsweb.com (GenericsWeb) — Tue, 22 Jul 2008 18:54:00 -0500

Escitalopram is the S enantiomer of Citalopram - a selective serotonin reuptake inhibitor used to treat depression and anxiety.

USRE34712 – The Court of Appeals for the Federal Circuit affirmed the decision on 05/09/07.

Canada: Anonymous

Tue, 31 Jul 2007 00:00:00 -0500

Lundbeck v. Cobalt

CA1339452 – Prohibition Application against Cobalt. Hearing scheduled Dec 15, 2008.

United States: GenericsWeb

Fri, 20 Jul 2007 00:00:00 -0500

US6703516 – Forest filed an infringement suit against Infosint in the United States District Court for the Southern District of New York on 19/07/07.

United States: GenericsWeb

Sun, 08 Jul 2007 00:00:00 -0500

US6458973 – Forest filed an infringement suit against Infosint in the United States District Court for the Southern District of New York on 19/07/07.

Canada: Anonymous

Fri, 01 Jun 2007 00:00:00 -0500

Lundbeck v.Apotex

CA1339452 – Prohibition Application against Apotex. Hearing scheduled Dec 8, 2008.

United Kingdom: GenericsWeb

Sat, 05 May 2007 00:00:00 -0500

EP0347066 – Teva, Generics UK and Arrow sought to revoke three claims of the patent and were successful on two of the claims in a hearing in the UK Patents Court on 04/05/07.

Canada: Anonymous

Document Security Systems v European Central Bank

duncan@duncanbucknell.com (Duncan) — Thu, 29 May 2008 20:01:00 -0500

Document Security Systems has taken on the European Central Bank in a patent dispute which highlights jurisdictional differences in infringement and added subject matter across Europe.

This scorecard tracks the dispute and its implications for European patent harmonisation and jurisprudence.

Contributions

United Kingdom: Duncan

Wed, 19 Mar 2008 01:00:00 -0500

Court of Appeal upholds Patents High Court ruling that patent is invalid for added subject matter.

European Central Bank v Document Security Systems Incorporated [2008] EWCA Civ 192

Netherlands: Duncan

Wed, 12 Mar 2008 01:00:00 -0500

District Court of the Hague holds patent valid, all grounds of invalidity dismissed.

Link to the case (courtesy of Book9.nl)

European Central Bank v Document Security Systems, Inc. (12 March 2008), 269923 / HA ZA 06-2495

Italy: Duncan

Fri, 01 Feb 2008 00:00:00 -0500

First of invalidity proceedings hearing dates.

France: Duncan

Wed, 09 Jan 2008 00:00:00 -0500

Le Tribunal de grande instance de Paris (troisieme chambre) nullifies DSS's patent because of added subject matter.

Netherlands: Duncan

Sat, 15 Dec 2007 00:00:00 -0500

Revocation proceedings hearing.

Europe: Duncan

Thu, 06 Sep 2007 00:00:00 -0500

Court of First Istance declares DSS's claims for patent infringement inadmissible and dismisses them in all respects. The Court considered that only National Courts have authority to take notice of patent infringement claims. DSS v ECB Case T‑295/05

France: Duncan

Tue, 05 Jun 2007 00:00:00 -0500

Nullity proceedings hearing.

Germany: Duncan

Wed, 28 Mar 2007 01:00:00 -0500

Bundespatentgericht upholds validity of patent. No added subject matter and invention is new and inventive in all other respects.

United Kingdom: Duncan

Tue, 27 Mar 2007 01:00:00 -0500

DSS's patent revoked by UK Patents High Court for added subject matter. Otherwise held to be novel and not obvious.

European Central Bank v Document Security Systems, Inc. [2007] EWHC 600 (Pat)

United Kingdom: Duncan

Tue, 30 Jan 2007 00:00:00 -0500

Revocation proceedings trial ends.

United Kingdom: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in the United Kingdom.

Luxembourg: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in Luxembourg.

Netherlands: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in the Netherlands.

Belgium: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in Belgium.

France: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in France.

Spain: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in Spain.

Austria: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in Austria.

Germany: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in Germany.

Italy: Duncan

Sat, 25 Mar 2006 00:00:00 -0500

European Central Bank files revocation action in Italy.

Europe: Duncan

Fri, 21 Oct 2005 00:00:00 -0500

The European Central Bank challenges venue before the Court of First Instance.

Europe: Duncan

Tue, 02 Aug 2005 00:00:00 -0500

DSS summoned ECB to appear in the Court of First Instance asserting that production of Euro bank notes infringes DSS's European Patent EP0455750.

Perindopril (Coversyl)

duncan@duncanbucknell.com (Duncan) — Sat, 10 May 2008 01:57:00 -0500

Perindopril is a long-acting ACE (angiotension converting enzyme) inhibitor marked by Servier.

This scorecard tracks intellectual property events relevant to Perindoprili around the world.

Contributions

Canada: Kate

Mon, 27 Jul 2009 00:00:00 -0500

Court of Appeal upholds Trial Division finding of patent validity and infringement: Apotex v ADIR (Pharmacapsules@Gowlings)

South Africa: Kate

Fri, 30 Jan 2009 00:00:00 -0500

Court of the Commissioner of Patents hears Servier’s application for interim interdict preventing Cipla from selling generic Coversyl 2-4 Feb: Les Laboratoires Servier et al v Cipla Medpro et al (Afro-IP) (Afro-IP)

Canada: Kate

Fri, 05 Dec 2008 00:00:00 -0500

Settlement of patent conflict did not contravene Competition Act: Les Laboratoires Servier v Apotex (International Law Office)

United Kingdom: Kate

Mon, 13 Oct 2008 00:00:00 -0500

Calculating damages on a cross-undertaking in patents: Les Laboratoires Servier & Anor v Apotex Inc & Ors (IPKat) (IP finance) (GenericsWeb)

Canada: Kate

Fri, 01 Aug 2008 00:00:00 -0500

Trial judge finds Perindopril patent valid and infringed: Laboratoires Servier v Apotex: (Pharmacapsules @ Gowlings)

Australia: Kate

Sun, 11 May 2008 00:00:00 -0500

Pharmaceuticals and s 52 Trade Practices Act: Apotex Pty Ltd (formerly GenRx Pty Limited) v Les Laboratoires Servier (No 2): (IPRoo),

United Kingdom: Duncan

Fri, 09 May 2008 00:00:00 -0500

UK Court of Appeal affirms invalidity of Perindopril beta polymorph patent. Senior appellate Judges are critical of the use of the patent to seek monopoly extension: (copy of decision in Bailii).

Australia: Duncan

Thu, 08 May 2008 00:00:00 -0500

Australian Federal Court finds Servier engaged in misleading and deceptive conduct in breach of s 52 of the Trade Practices Act in relation to marketing of Coversyl:

Apotex Pty Ltd (formerly GenRx Pty Limited) v Les Laboratoires Servier (No 2): (IPRoo),

Canada: Duncan

Mon, 14 Apr 2008 00:00:00 -0500

Canada: Judicial review of Minister’s decision regarding bioavailability comparison: Apotex v Canada (Minister of Health) & Servier: (Pharmacapsules@Gowlings),

Australia: Duncan

Fri, 11 Apr 2008 00:00:00 -0500

Perindopril polymorph opposition dismissed: Les Laboratoires Servier v Apotex Pty Ltd: (IPRoo),

Canada: Duncan

Fri, 07 Mar 2008 00:00:00 -0500

Court quashes 6 subpoenas, lets final one stand on limited basis, subpoenas related to inventorship, conspiracy and claim correction: Les Laboratoires Servier v Apotex: (Gowlings),

France: Duncan

Sat, 13 Oct 2007 00:00:00 -0500

Servier acquires several more synthetic process patent families from Lupin in 20 million Euro deal: (Forbes ; Business Standard)

France: Duncan

Mon, 02 Apr 2007 00:00:00 -0500

Servier acquires several synthetic process patents from Lupin.

Shape or 3 Dimensional Trade Marks

duncan@duncanbucknell.com (Duncan) — Sat, 10 May 2008 00:36:00 -0500

Shape / 3D trade marks are controversial and an area of great interest but uncertainty to brand owners around the world.

This scorecard tracks the developments in shape / 3D trade marks across the globe.

Intellectual Property High Court of Japan issues decision recognising Coca-Cola bottle as three-dimensional trade mark: (IP Law360), (Managing Intellectual Property),

Australia: Duncan

Wed, 07 May 2008 00:00:00 -0500

Australian Federal Court delivers comprehensive judgment on goods or shape of goods as trade mark and functionality: Global Brand Marketing Inc v YD Pty Ltd: (IPRoo)

Australia: Duncan

Wed, 07 May 2008 00:00:00 -0500

Federal Court hands down decision regarding registrability of shape marks, finding mark registrable but not infringed:

Global Branding Marketing Inc v YD Pty Ltd: (Australian Trade Marks Law Blog),

Israel: Duncan

Tue, 29 Apr 2008 00:00:00 -0500

Israel Patent Office issues guidance on 3D trade marks: (The IP Factor),

Acacia Technologies Group

duncan@duncanbucknell.com (Duncan) — Fri, 18 Apr 2008 01:36:00 -0500

Here's a blurb from Acacia's website:

"Acacia Research's subisidiaries are in the business of acquiring, developing, licensing and enforcing patents. We help patent holders protect their patented inventions from unauthorized use and generate revenue from licensing and, if necessary, enforcing their patents. Our clients are primarily individual inventors and small companies with limited resources to deal with unauthorized users but include some large companies wanting to generate revenues from their patented technologies."

This scorecard tracks intellectual property events relating to Acacia around the globe.

Contributions

Wed, 21 Nov 2007 23:00:00 -0500

Acacia settles patent dispute with Universal City Studios: (IPBiz), (IPLaw360),

United States: Duncan

Fri, 16 Nov 2007 23:00:00 -0500

Acacia loses patent case against Microsoft - in Texas: (IPBiz), (IPLaw360) , (Eastern District of Texas), (arstechnica)

Time Warner

duncan@duncanbucknell.com (Duncan) — Fri, 11 Apr 2008 09:02:00 -0500

Time Warner is the world's largest media and entertainment corporation, headquartered in the USA, with major operations in film, television, publishing, Internet service and telecommunications. Its subsidiaries include AOL, New Line Cinema, Time Inc., Time Warner Cable, HBO, Turner Broadcasting System, The CW Television Network, Warner Bros. Entertainment, Cartoon Network, CNN, and DC Comics.

This scorecard tracks intellectual property events involving Time Warner around the globe.

CAFC affirms lower court’s summary judgment against David Sitrick in his patent infringement case against DreamWorks and Warner Bros - CAFC continues to expand doctrine of full scope enablement: (Patent Prospector), (Patently-O), (IP Updates),

United States: Duncan

Wed, 12 Dec 2007 00:00:00 -0500

Time Warner, Comcast Cleared In VOD Patent Suit: (IPLaw360),

United States: Duncan

Tue, 27 Nov 2007 23:00:00 -0500

Altitude Capital Partners sues Google, Yahoo, AOL and others: (Patent Prospector), (IPLaw360),

India: Duncan

Tue, 16 Oct 2007 00:00:00 -0500

Delhi High Court dismissed a petition by J K Rowling and Warner Brothers against a Durga Puja pandal in Kolkata's Salt Lake area allegedly replicating Hogwarts Castle. (Spicy IP)

Wal-Mart

duncan@duncanbucknell.com (Ducan) — Fri, 11 Apr 2008 08:57:00 -0500

Wal-Mart Stores, Inc. runs a chain of discount department stores. It is the world's largest public corporation by revenue, according to the 2007 Fortune Global 500.

This scorecard tracks intellectual property events relevant to Wal-Mart.

Amazon & Wal-Mart unwittingly team up against DRM: (ArsTechnica)

Plavix (Clopidogrel)

noreply@duncanbucknell.com (Anonymous) — Fri, 15 Feb 2008 09:19:00 -0500

Plavix (Clopidogrel) is one of the world's biggest selling drugs. It is marketed by Bristol Myers Squibb and is a potent antiplatelet agent used for coronary arterial disease and other vascular diseases.

Contributions

Today in Sanofi-Synthelabo v. Apotex, Inc., __ F.3d __ (Fed. Cir. 2008)(Newman, J.), a panel affirmed the validity ruling on the Plavix patent, opinion below, 492 F.Supp.2d 353 (S.D.N.Y. 2007). Today’s opinion is consistent with an earlier Federal Circuit opinion that had sustained a preliminary injunction, 470 F.3d 1368 (Fed. Cir. 2006)(Lourie, J.).

Pending for over nine (9) months since the oral argument on March 4, 2008, it is now likely that generic appellant Apotex will seekcertiorari from the Supreme Court in this very high profile drug patent case.

Canada: Kate

Thu, 27 Nov 2008 23:00:00 -0500

Supreme Court upholds selection patent: Apotex Inc v Sanofi-Synthelabo Canada Inc (International Law Office)

Canada: Generics IP Guy

Wed, 05 Nov 2008 23:00:00 -0500

Generic drug maker Apotex Inc. loses case in Canada's top court: (cbc.ca)

Canada: Kate

Wed, 05 Nov 2008 23:00:00 -0500

Supreme Court confirms Plavix patent despite evergreening charges: Apotex v Sanofi-Synthelabo Canada (Patently-O)

Australia: Kate

Thu, 21 Aug 2008 00:00:00 -0500

Enantiomer claims fail; salt claims stand: Apotex v Sanofi-Aventis: (Australia & New Zealand Intellectual Property Law)

United States: Kate

Thu, 21 Aug 2008 00:00:00 -0500

Federal judge denies Bristol-Myers Squibb’s motion to dismiss securities class action over BMS’ failure to properly disclose generic Plavix patent deal: (Law360),

Australia: Adam Trumble

Thu, 14 Aug 2008 19:16:00 -0500

There has been a decision in Australia - see the link provided.

Australia: Kate

Thu, 14 Aug 2008 00:00:00 -0500

Plavix patent survives revocation proceedings: Apotex v Sanofi-Aventis: (Australia & New Zealand Intellectual Property Law)

United States: Kate

Sun, 10 Aug 2008 00:00:00 -0500

Former Bristol-Myers Squibb Vice-President charged with lying to federal government about Plavix patent deal: (GenericsWeb), (FDA Law Blog)

Germany: Kate

Tue, 29 Jul 2008 00:00:00 -0500

Sanofi-Aventis to appeal German court decision to immediately authorise marketing of generic Plavix: (Law360)

Germany: Kate Timmins

Fri, 18 Jul 2008 00:00:00 -0500

Difficult to predict when generic Plavix can be launched in Germany after suspended approval: (GenericsWeb), (IP Law360),

United States: Anonymous

Wed, 23 Apr 2008 00:00:00 -0500

Former Bristol-Myers Squibb VP indicted for lying about Plavix patent deal: (SmartBrief), (IPBiz), (IP Law360), (GenericsWeb),

United States: Duncan

Wed, 23 Apr 2008 00:00:00 -0500

Apotex sues FDA to recover 180-day exclusivity on generic Plavix: (Orange Book Blog),

Thailand: Duncan

Thu, 13 Mar 2008 01:00:00 -0500

Sanofi in negotiations with Thai government to prevent Cadila from obtaining a compulsory licence to market generic clopidogrel in Thailand: (Generic Pharmaceuticals & IP), (GenericsWeb),

Thailand: Kate

Wed, 27 Feb 2008 00:00:00 -0500

Cadila decides against exporting generic Clopidogrel to Thailand: (Generic Pharmaceuticals & IP),

India: Duncan

Wed, 13 Feb 2008 00:00:00 -0500

Sanofi threatens Cadila and BioScience with suit over supply of generic Plavix despite compulsory licence issued by Thailand: (Generic Pharmaceuticals & IP),

Thailand: Kate

Wed, 13 Feb 2008 00:00:00 -0500

Sanofi threatens Cadila and BioScience with suit over supply of generic Plavix despitecompulsory licence issued by Thailand: (Generic Pharmaceuticals & IP),

Canada: Anonymous

Fri, 06 Jul 2007 00:00:00 -0500

Leave to appeal to Supreme Court of Canada filed by Apotex and granted, July 5 2007 (Docket #31881): The issues are “test for obviousness” and the “doctrine of selection patents”. The prior art CA’875 patent claimed a racemate, and two enantiomers. The question is whether Sanofi-Synthelabo was entitled to a second patent, the CA’777 patent. Tentative hearing date: April 16, 08.

United States: GenericsWeb

Sat, 02 Jun 2007 00:00:00 -0500

A permanent injunction was granted in United States District Court for the Southern District of New York in June 2007.

Canada: Anonymous

Sat, 23 Dec 2006 00:00:00 -0500

Apotex filed a motion to appeal the earlier prohibition order. The Federal Court of Appeal (FCA) dismissed Apotex’s appeal, Dec 22, 2006 (2006 FCA 421): The FCA held it is non-obvious to isolate clopidogrel, an enantiomer, from a known racemate, although it was uncontested that methods of separating and testing the enantiomers were known. The FCA held that the CA1336777 was a valid selection patent in that it “selected” the enantiomer from a known genus (CA1194875).

United States: GenericsWeb

Fri, 02 Jun 2006 00:00:00 -0500

The United States Court of Appeals for the Federal Circuit upheld preliminary injunction against Apotex issued by the United States District Court for the Southern District of New York on 08/12/06. The injunction ordered Apotex to halt its sales of a generic version of clopidogrel bisulfate pending the District Court's decision in the trial on the merits.

United Kingdom: GenericsWeb

Sat, 06 Aug 2005 00:00:00 -0500

EP0281459 - Aircoat withdrew a revocation action by which it had sought to invalidate the Sanofi patent. The matter was to take place in the Court of Session in Glasgow, Scotland. (Sanofi Press release)

Canada: Anonymous

Tue, 22 Mar 2005 00:00:00 -0500

Prohibition against Apotex granted by the Federal Court March 21, 2005 (2005 FC 390).

Canada: Anonymous

Tue, 29 Apr 2003 00:00:00 -0500

Sanofi-Aventis v. Apotex re. CA1336777

Sanofi-Aventis filed an Application for a Prohibition Order against Apotex (i.e. prohibit the Minister of Health to issue the marketing authorization to Apotex), April 28, 2003.

Monsanto

duncan@duncanbucknell.com (Duncan) — Fri, 08 Feb 2008 19:57:00 -0500

Monsanto is a multinational agricultural biotechnology company. This scorecard tracks IP events involving Monsanto around the globe.

Contributions

This scorecard tracks intellectual property events involving Fujitsu around the globe.

Contributions

This scorecard tracks intellectual property events involving IBM around the Globe.

Asustek Computer, which is being sued by IBM for patent infringement, has fired off its own lawsuit claiming IBM is infringing its patents for remote storage and modulized server technology: (IP Law360), (IPBiz),

United States: Duncan

Fri, 15 Feb 2008 00:00:00 -0500

Stephen Norris Capital Partners finances reorganization of SCO and plans for SCO to pursue Novell/IBM litigation aggressively despite the company’s earlier litigation failure: (Ars Technica), (Techdirt), (IP Law360), (Against Monopoly),

United States: Duncan

Mon, 14 Jan 2008 00:00:00 -0500

IBM and World Business Council for Sustainable Development Team With Nokia, Pitney Bowes, and Sony to Establish Eco-Patent Commons: (IAM), (IBM press release)

Samsung

duncan@duncanbucknell.com (Duncan) — Sat, 02 Feb 2008 07:35:00 -0500

Samsung is South Korea's largest conglomerate and one of the largest multi-billion dollar corporations in the world leading several major global industries. It is composed of numerous multinational businesses, all united under the prestige Samsung brand, one of the most valued global brands, including Samsung Electronics, the world's largest electronics company,Samsung Heavy Industries, one of the world's biggest shipbuilders and Samsung Engineering & Construction, a major global construction company.

This scorecard tracks intellectual property events involving Samsung around the globe.

Contributions

Wed, 02 May 2007 00:00:00 -0500

Samsung lodges a complaint with the U.S. International Trade Commission against Renesas Technology, contending that the Japanese chipmaker infringed on its patents for high-speed dynamic random access memory chips.

(Korea Times)

Apple

duncan@duncanbucknell.com (Duncan) — Fri, 01 Feb 2008 00:21:00 -0500

Apple is an American multinational corporation which focuses on consumer electronics, software and entertainment. This scorecard tracks intellectual property events involving Apple around the world.

Contributions

Colour trade marks

duncan@duncanbucknell.com (Duncan) — Wed, 30 Jan 2008 23:11:00 -0500

This scorecard tracks the registrability and fate of colour trade marks (color trademarks) around the world.

Kenya Appeal Court denies single colour protection in (British American Tobacco Kenya Ltd ("BAT") v Cut Tobacco Kenya Ltd ("CUTT") ) :

(Afro-IP),

Germany: Duncan

Thu, 06 Dec 2007 00:00:00 -0500

Federal Patent Court on trade mark protection for the colour ‘red’.

"If an abstract colour is used in connection with goods over a longer period of time in such a way that it creates an interconnection between the colour and the goods on the one hand and between the colour and the manufacturer of the goods on the other hand, one can assume, that the targeted consumers will have become accustomed to recognising the colour not merely as the colour of the goods but as a sign that indicates trade origin." [unofficial translation]

(Class 46),

New Zealand: Duncan

Fri, 22 Jun 2007 00:00:00 -0500

New Zealand Court of Appeal refuses Cadbury's attempted trade mark registration for the word PURPLE as it would afford Cadbury a de facto monopoly on use of the word PURPLE and provide a disincentive to other traders using that word, even in a descriptive sense, on purple goods - something not within the scheme of the trade mark regime.

Copy of Judgment.

(Bell Gully), (IP Down Under)

LG Group

duncan@duncanbucknell.com (Duncan) — Tue, 29 Jan 2008 03:43:00 -0500

LG Group is a South Korean conglomerate which produces electronics, mobile phones, and petrochemical products and operates subsidiaries like LG Electronicsoperating in over 80 countries. This scorecard tracks intellectual property events involving LG around the globe.

Wed, 12 Mar 2008 01:00:00 -0500

E.Digital sues LG Electronics, Nikon, Samsung Electronics and others for infringement of patents relating to flash memory technology: (IP Law360),

United States: Duncan

Wed, 12 Mar 2008 01:00:00 -0500

Intellect Wireless files patent infringement complaints against Motorola, LG Electronics, T-Mobile, Sanyo and others concerning wireless communication features, including paging and caller ID: (Patent Prospector), (IP Law360),

United States: Duncan

Thu, 24 Jan 2008 00:00:00 -0500

Whirlpool files International Trade Commission action against LG over technology used refrigerators: (IPBiz), (The IP Factor), (IP Law360)

United States: Duncan

Thu, 24 Jan 2008 00:00:00 -0500

LG, Thomson Inc., Nspire Systems Inc., and Flash Ventures Inc. sued by Ennova Direct for allegedly infringing the company’s flash memory drive patent: (IP Law360)

Appellate Courts

duncan@duncanbucknell.com (Duncan) — Thu, 24 Jan 2008 21:37:00 -0500

This scorecard tracks intellectual property decisions of the final appellate courts around the world. It is designed to track major changes in the law as they move across the globe and to highlight differences in the approach taken in each country.

Contributions

United States: Kate

Fri, 03 Oct 2008 00:00:00 -0500

Tafas v Dudas: Appellate briefs (Patent Baristas) (Patently-O) (Hal Wegner) (Patent Docs)

Spain: Kate

Tue, 23 Sep 2008 00:00:00 -0500

Spanish appellate court rules that deep linking to infringing content is not infringing (Techdirt)

United States: Kate

Tue, 09 Sep 2008 00:00:00 -0500

Appellate decision-making: Unanimity or dissent stats: (Patently-O)

India: Kate

Thu, 07 Aug 2008 00:00:00 -0500

Roche v Cipla: the appellate battle heats up: (Spicy IP) [Tarceva (Erlotinib)]

United States: Kate Timmins

Tue, 29 Jul 2008 00:00:00 -0500

California appellate court rules on statute of limitations in third party trade secrets misappropriation case: Cypress Semiconductor Corporation v Superior Court (Silvaco Data Systems): (IP Law Blog)

France: Kate Timmins

Fri, 11 Jul 2008 00:00:00 -0500

Appellate court upholds fine of €50,000 per day for as long as eBay allows sales of several LVMH perfume brands on top of €38.6M already awarded to LVMH: (Counterfeit Chic)

United Kingdom: Duncan

Wed, 09 Jul 2008 00:00:00 -0500

House of Lords reverses Court of Appeal and finds Angiotech’s stent patent valid. In so doing, makes it harder to invalidate based on obviousness: Conor MedSystems v Angiotech Pharmaceuticals: (IPKat), (IPKat), (IP Law360), (Hal Wegner),

United States:

Thu, 12 Jun 2008 22:51:00 -0500

US Supreme Court reverses CAFC decision in Quanta v LG Electronics; method patents exhaustible and sales of products that that do not fully practice an invention can still trigger exhaustion when the products include essential features of the patent and the “reasonable and intended use” of the product is to practice to patent:
(Peter Zura's 271 Patent Blog), (IP Updates), (Hal Wegner), (Patently-O), (Techdirt), (Patent Prospector), (Ars Technica), (Patent Docs), (Agricultural Law Blog), (Filewrapper), (Intellectual Property Law Blog), (Philip Brooks), (Philip Brooks guest blog), (IP ThinkTank), (Electronic Frontier Foundation), (IAM), (IAM), (IPBiz), (IPEG), (Broken Symmetry), (Managing Intellectual Property), (Patry Copyright Blog), (The Fire of Genius), (Intellectual Property Law Blog), (IP Law360), (IP Law360), (IP Law360), (Hal Wegner),

Europe: Duncan

Thu, 12 Jun 2008 22:48:00 -0500

ECJ rules trade mark holders cannot stop honest comparative advertising: O2 Holdings Limited and O2 (UK) Limited v Hutchinson 3G UK Limited: (Out-Law), (Catch Us If You Can!!!), (IPKat), (IPKat), (Class 46), (IPKat), (IP Law360),

India: Duncan

Tue, 27 May 2008 00:00:00 -0500

Khoday Khoday India Limited vs The Scotch Whisky Association and others (Civil Appeal 4179 of 2008: decided on May 27, 2008)

The Supreme Court (Justice Sinha and Justice LS Panta) held in favour of KIL's right to continue being the registered proprietor of the "Peter Scot" mark. One of the factors that influenced the court to hold the way it did was the delay/acquiescence on the part of SWA i.e. although SWA had knowledge about registration of the 'Peter Scot' trademark as early as September 1974, it waited for more than 12 years to move the Registrar for deletion of the said mark. The judge held that “We, therefore, in the peculiar facts and circumstances of this case, are of the opinion that action of the respondents is barred under the principles of acquiescence and/ or waiver.

“Khoday India Ltd (KIL) started producing 'Peter Scot' whisky in 1968 and got the trademark registered in 1974. After 13 years, the Scotch Whisky Distillers Association (SWDA), an industry body of distillers, blenders and exporters of Scotch whisky, moved the Assistant Registrar Trademarks for cancellation of the registered trademark 'Peter Scot' on the ground of its deceptive similarity to a foreign mark (Scotch whisky).”

Thanks to SpicyIP, see also Times of India;

India: Duncan

Fri, 16 May 2008 00:00:00 -0500

M/s Entertainment Network (India) Ltd. Vs M/s Super Cassette Industries Ltd (Civil Appeal NO. 5114 of 2005, May 16, 2008)

This case relates to the “scope” of compulsory licensing (CL) of sound recordings under Indian law.
PPL is one of the two collecting societies in India. PPL argued that a compulsory license could issue only if the ”work” had never been made available to the public earlier. Whereas the radio stations argued for an almost automatic compulsory licence to be granted upon request and the only point for consideration was a determination of “reasonable royalty”.

Justice Sinha (again sitting with Justice LS Panta) held in favour of the latter interpretation. A second issue pertained to whether the Act (section 31 (2)) restricted CL applications to only one party or whether multiple parties could apply. Here again, although a literal reading of the section made clear that there could only be one such applicant, Jusice Sinha adopted a “purposive” approach and held in favour of multiple applicants. He noted in particular that:

Thanks to SpicyIP.

India: Duncan

Fri, 16 May 2008 00:00:00 -0500

Kabushiki Kaisha Toshiba vs TOSIBA Appliances Co. & Ors: Civil Appeal No 3639 of 2008 (decided May 16, 2008)

This case involved an application to rectify the register of trademarks under section 46 on the ground that the mark “Toshiba” was never “used” in India (in relation to some goods such as washing machines and spin dryers) and that the proprietor of this mark indulged in “trademark trafficking”.

The court (Justice Sinha sitting with LS Panta) seemed to suggest that a mere use of the mark in relation to servicing centers (which serviced washing machines imported from abroad) could amount to “use”. And that a person such as the claimant Appliances who never engaged with washing machines and dryers was not a “person aggrieved” under section 46 and did not have “locus standi” to challenge the mark.

Thanks to SpicyIP.

China: Duncan

Mon, 18 Feb 2008 00:00:00 -0500

Supreme People’s Court’s of China issues judicial explanation on interplay between trade marks, enterprise names, and other prior existing rights: (China Business Law Blog),

India: Duncan

Thu, 13 Dec 2007 00:00:00 -0500

The Supreme Court of India ruled in Eastern Book Company & Ors vs D.B. Modak & Anr (Civil Appeal No. 6472 of 2004) that there can be no copyright in the raw text of court judgments/decisions.

The basic fact situation is that SCC and SCC – Online were aggrieved by individuals who launched a software package entitled "The Laws" and "Jurix". Allegedly they infringed the copyright of the copy-edited judgments published by SCC (I figure the reason this was of such great concern was because the cost of the newer software was about a third of that of SCC). The said suits were founded, inter alia, on infringement of copyright and unfair competition.

The issues in dispute were-

• whether the copy-edited judgments reported by SCC were entitled to copyright protection as derivative works;

• what standard of originality is required by derivative works to evoke that protection;

• and whether the protection would be afforded to the entire text or only certain inputs.

The Court held as follows-

A distinction was made between substantive corrections which required the application of mind and more technical rectifications. It was held that technical or clerical alterations in the text like inserting correct punctuation, providing alternate citations, and the correction of minor errors although an aid to increased readability are too trivial to be granted copyright protection.

However, inputs put in the original text by the editors with regard to segregating the existing paragraphs by breaking them into separate paragraphs; adding internal paragraph numbering; and indicating the Judges who have dissented or concurred; must be treated differently.

(Spicy IP), (Guest post - Spicy IP),

Japan: Duncan

Thu, 08 Nov 2007 23:00:00 -0500

On November 8, 2007 the Supreme Court of Japan issued a decision where it found that [Canon’s] patents are enforceable against refilled ink cartridges (in this case the defendant gathered used Canon ink cartridges from users as a business, refilled them with ink and sold them to the public.) … The Supreme Court stated that the doctrine of patent exhaustion, which has long been recognized by the court, does not apply to products which are found to have been newly "manufactured" by means of fabrication or parts replacement of used authentic products. The Supreme Court listed various elements, that can be considered in order to determine whether the act of a defendant constitutes "manufacturing" or not; including: contents of patented inventions, function and life of products, actual conditions of trading, etc. Among other listed elements, the Supreme Court admitted that the economical value of a product’s replaced parts can be considered. (The decision of the IP High Court appeared to deny such consideration as long as the replaced parts are related to the main elements of a patented invention.)

Anderson Mori & Tomotsune

United States: Duncan

Wed, 15 Jun 2005 00:00:00 -0500

Supreme Court of the United States

Merck KGaA, Petitioner v. Integra Lifesciences I, Ltd., et al., 545 U.S. 193 (2005)

The Court held that the use of patented compounds in preclinical studies is protected under §271(e)(1) at least as long as there is a reasonable basis to believe that the compound tested could be the subject of an FDA submission and the experiments will produce the types of information relevant to an IND or NDA.

Rambus

Kate@DuncanBucknell.com (Kate) — Thu, 24 Jan 2008 07:52:00 -0500

Rambus is a provider of high-speed interface technology, most notably their Rambus Dynamic RAM memory technology, which was intended to replace SDRAM and challenge DDR SDRAM as the standard memory used in computers.

Contributions

United States: Kate

Tue, 19 Aug 2008 00:00:00 -0500

United States: Duncan

Fri, 02 May 2008 00:00:00 -0500

Europe: Duncan

Microsoft and JVC enter into patent cross-licensing agreement to foster mutual innovation and collaboration: (PR Newswire),

China: Duncan

Thu, 10 Jan 2008 00:00:00 -0500

Microsoft defends unregistered ‘Windows’ trademark in
China, claiming the mark is famous in its battle with a
Ningbo eye-glass company: (China Law Blog),

Australia: Duncan

Tue, 10 Jul 2007 00:00:00 -0500

Australian Designs Office (ADO) has refused registration of 24 design applications filed by Microsoft Corporation (Microsoft) in respect of type fonts: (Shelston IP)

Yahoo!

duncan@duncanbucknell.com (Duncan) — Thu, 17 Jan 2008 22:58:00 -0500

Yahoo! Inc. (NASDAQ: YHOO) is an American public corporation and global Internet services company. It provides a range of products and services including a web portal, a search engine, the Yahoo! Directory, Yahoo! Mail, news, and posting. It was founded by Stanford University graduate students Jerry Yang and David Filo in January of 1994 and incorporated on March 2, 1995. The company is headquartered in Sunnyvale, California.

English High Court decision holds that when Yahoo! Search Marketing matched search terms entered by users to keywords bid on by advertisers in order to display sponsored links, there was no use of a trade mark by the defendants for the purposes of infringement: Wilson v Yahoo! UK Ltd : (IPKat), (Class 46), (Out-Law),

United States: Duncan

Tue, 15 Jan 2008 00:00:00 -0500

Yahoo! Registers first favicon trade mark: (Erik J Heels),

China: Duncan

Fri, 21 Dec 2007 00:00:00 -0500

Eleven record companies win copyright infringement case against Yahoo! China. The Beijing Higher People’s Court awarded IFPI member companies a total of RMB 212,600 (approximately US$29,000) in compensation for their losses.: (Rouse & Co International),

Sony

duncan@duncanbucknell.com (Duncan) — Thu, 17 Jan 2008 22:56:00 -0500

Sony Corporation is a Japanese multinational conglomerate corporation and one of the world's largest media conglomerates with revenue of $70.303 billion (as of 2007) based in Minato, Tokyo.Sony is one of the leading manufacturers of electronics, video, communications, video game consoles and information technology products for the consumer and professional markets.

Contributions

Tue, 03 Jun 2008 00:00:00 -0500

HP drops one patent claim in dispute with video conference system provider Tandberg Data Corp but continues dispute over magnetic tape data backup technology: (IP Law360),

Google

duncan@duncanbucknell.com (Duncan) — Thu, 17 Jan 2008 22:51:00 -0500

Google is Google.

Contributions

United States: Duncan

Thu, 27 Dec 2007 00:00:00 -0500

CAFC finds District Court improperly added limitation not supported by the specification: Hyperphrase Tech v Google: (Mondaq),

Tarceva (Erlotinib)

Kate@DuncanBucknell.com (Kate) — Thu, 17 Jan 2008 22:41:00 -0500

Erlotinib hydrochloride (Genentech/OSIP) is a drug used to treat non-small cell lung cancer, pancreatic cancer and several other types of cancer.

Thailand: Kate

Sat, 26 Jan 2008 00:00:00 -0500

India: Kate

Tue, 15 Jan 2008 00:00:00 -0500

Novartis’ crystalline form strategy: (IP ThinkTank),

India: Duncan

Thu, 10 Jan 2008 00:00:00 -0500

Okasa files opposition to alpha crystalline form patent for Glivec.

Novartis’ patent filing in the Chennai patent office, for an alfa crystal form, or another modified form of its cancer drug imatinib mesylate, has come to light only now following a pre-grant opposition filed by Okasa Ltd, a Mumbai-based small pharmaceuticals company.

Links: Livemint, SpicyIP

India: Duncan

Mon, 17 Dec 2007 00:00:00 -0500

Natco appeals to the Supreme Court against the Chennai High Court decision to allow IPAB to decide on Novartis/ Natco litigation for Imatinib patent application.Since the High Court had allowed for a hearing without the technical member, the best recourse for Natco was to go the Supreme Court and it has now done so.

Wed, 10 Jun 2009 00:00:00 -0500

Dr Reddy’seeks declaratory judgment of non-infringement of AstraZeneca’s Nexium patent: (IP Law360), (GenericsWeb),

United States: GenericIPguy

Mon, 19 May 2008 00:00:00 -0500

Details of the patents involved in the Astra/ Teva Ivax story:

TEVA position:

Astra had sued Teva earlier on 5,714,504; 5,877,192; 6,369,085; 6,428,810, 6,875,872 [5 patents].

TEVA filed its DJ in the beginning of May 2008 bringing 5 more patents in the picture:

Patents in DJ suit: 5,690,960;

5,900,424;

6,147,103;

6,166,213;

6,191,148.

HENCE IVAX TOTAL TALLY: 5 5 = 10 PATENTS.

This information is present on your score card.

---------------------------------------------------------

However, DRL too has gone ahead and filed its own fresh Declaratory suit against Astra.

Details:

DRL has filed a Declaratory Judgment suit against Astra at the New Jersey Dist. Court.

Details:

Case 3:08-cv-02496-JAP-TJB

Date: 19/May/2008

VERY INTERESTINGLY DRL has put in the present DJ for SIX patents:

Patents in DJ suit: 5,690,960;

5,900,424;

6,147,103;

6,166,213;

6,191,148;

6,428,810.

Astra had not sued DRL on the above 6 during its 45 day period, post DRL's notice.

NOTE: Astra is already litigating 3 main patents -5,714,504; 6,875,872 and 6,369,085 against DRL.

DRL's argument for the present 6 patent DJ is that '...[it] faces uncertainty and great commercial risk if Astra Zeneca should assert any of [above 6] patents after DRL begins commercially marketing its [formulation].'

This ground/ position is almost a repetition of the Teva / Ivax DJ filed in beginning of May 2008 [referred below]

HENCE DRL TOTAL TALLY: 3 6 = 9 PATENTS Regards,

Fri, 18 Jan 2008 00:00:00 -0500

AstraZeneca commences patent infringement action against Dr Reddy’s Laboratories to block generic version of the heartburn drug: (IP Law360),

India: Kate

Wed, 26 Dec 2007 00:00:00 -0500

Astra’s patent application for omeprazole formulation rejected by Indian Patent Office (Generic Pharmaceuticals & IP),

Europe: Duncan

Mon, 19 Nov 2007 23:00:00 -0500

The European Patent Office (EPO) Opposition Division ruled that the European patent for a MUPS formulation (EP 723 437) is still valid in amended form, despite four oppositions from generic drug manufacturers.

This patent covering a multiple unit tablet is still valid in Austria, Belgium, Switzerland, Germany, Denmark, Spain, France, UK, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, The Netherlands, Portugal, Sweden, Latvia, Lithuania and Slovenia until 2015.

MUPSstands for multiple unit pellet tablets, comprising a proton pump inhibitor (PPI) compound. The formulation is used for Nexiumand Losectablets and the amended claims still cover these products.

Nexium has data exclusivity valid until March 2010 in most major European markets.

Press Release.

Europe: Kate

Mon, 19 Nov 2007 23:00:00 -0500

In Europe Astrazeneca has lost the substance patent, maintained the manufacturing process patent [in amended form] and now has also maintained the MUPS formulation patent [in amended form]. Astra's Data Exclusivity prevents a European generic launch, until at least 2010.: (Generic Pharmaceuticals & IP),

Europe: Kate

Fri, 19 Oct 2007 00:00:00 -0500

Nexium (esomeprazole) patent (EP 0773940) upheld in EPO Opposition by RatioPharm (Delawaretimes), (Pharmalive),

Europe: Duncan

Wed, 10 Oct 2007 00:00:00 -0500

European Patent Office (EPO) Opposition Division ruled that the European process patent EP 0773940 for Nexium is valid in amended form, despite an opposition by the German generic manufacturer ratiopharm. T

he patent has been upheld as granted with regards to claims 1 and 2. Regarding claims 3 and 4, minor amendments have been made.

The EP 0773940 patent for Nexium covers a process for the manufacturing of esomeprazole and its salts in Austria, Belgium, Switzerland, Germany, Denmark, Spain, France, UK, Greece, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, The Netherlands, Portugal, Slovenia and Sweden.

This patent expires in 2015.

Press Release.

Europe: Anonymous

Wed, 20 Dec 2006 00:00:00 -0500

EPO revoked AstraZeneca’s European Patent EP0652872 covering esomeprazole magnesium, the active ingredient in Nexium.

Ratiopharm first challenged “novelty and inventiveness” of the Astra’s patent in 2001.