Pharma & Biotech Global Week in Review 7 March 2012 from IP Think Tank

Here is Think IP Strategy’s weekly selection of top Pharma & Biotech intellectual property news breaking in the blogosphere and internet.


Highlights this week included:

Co-Diovan (Valsartan, Hydrochlorothiazide) – EU: CJEU sprints to reasoned order in Case C-422/11 Novartis v Actavis (The SPC Blog)

Glivec (Imatinib) – India: Novartis before India’s Supreme Court: What’s really at stake? (IP Watch)


Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.



Join Article One in spreading awareness for Rare Disease Day (Article One)

Less is more for LSD sufferers on Rare Disease Day (Apothecurry)

KEI submission to WIPO patent committee commenting on the US proposal on patents and health (KEI)

Australia: FCAFC finds Nadine potatoes protected under PBR Act: Elders Rural Services Australia Limited v Registrar of Plant Breeder’s Rights (Patentology)

India: India’s TKDL foils Nestec’s bid to patent traditional knowledge relating to therapeutic use of cows milk (Spicy IP)

India: The rage against the Karnataka State Bio-Diversity Board: too much rhetoric? (Spicy IP)

US: Another attempt to discourage pay-for-delay agreements – Protecting Consumer Access to Generic Drugs Act of 2012 (H.R. 3995) (IP Whiteboard)

US: On-again off-again third category of drugs is on again at FDA; Simultaneous Rx and OTC marketing also up for debate (FDA Law Blog)

US: Deference to BPAI: CAFC affirms ruling that Monsanto’s late-filed claims win priority over Pioneer’s issued patent concerning genetically modified corn (Patently-O)

US: Court dismisses PubPat’s declaratory judgment action against Monsanto: Organic Seed Growers and Trade Assn. et al. v. Monsanto Co. (Patent Docs)

Precision BioSciences files complaint against Cellectis over alleged infringement of patent ‘Method of Cleaving DNA with Rationally Designed Meganucleases’ (Patent Docs)

US: Life Technologies found liable for infringing Promega’s DNA analysis patents (Holman’s Biotech IP Blog)

US: Verinata seeks declaratory judgment of non-infringement and invalidity of Sequenom’s patent entitled ‘Non-invasive Prenatal Diagnosis’ (Patent Docs)

US: Patents for humanity (BIOtechNOW)

US: USPTO establishes visiting professionals program; First visiting professional issues CRS Report on Hatch-Waxman Issues (Patent Docs)

US: A trio of reports discuss the benefits of the pediatric “carrot and stick” statutes, the Orphan Drug Act, and Hatch-Waxman (FDA Law Blog)



Amlodipine besylate – Spain: Supreme Court upholds first ‘springboard’ injunction (Kluwer Patent Blog)

Cambia (Diclofenac potassium) – US: Nautilus Neurosciences files patent infringement suit in response to Wockhardt’s ANDA filing (Patent Docs)

Co-Diovan (Valsartan, Hydrochlorothiazide) – EU: CJEU sprints to reasoned order in Case C-422/11 Novartis v Actavis (The SPC Blog)

Crestor (Rosuvastatin calcium) – US: CAFC draws two lines in Crestor ANDA litigation (Pharma Patents)

Fentora (Fentanyl citrate buccal) – US: Cephalon files patent infringement actions against Mylan and Sandoz over ANDA filing (Patent Docs)

Fentora (Fentanyl citrate buccal) – US: District of Delaware: Paragraph IV certification not required for jurisdiction under section 271(e)(2) or Declaratory Judgment Act: Cephalon v. Sandoz (Orange Book Blog)

Formoterol – US: Patent infringement case brought by Dey and Mylan against Sepracor (now Sunovian) comes to an end with Judge Koeltl granting two summary judgments in favor of accused infringer (WHDA)

Glivec (Imatinib) – India: Novartis before India’s Supreme Court: What’s really at stake? (IP Watch)

Lysteda (Tranexamic acid) – US: Invalidity defense alleging “failure to comply with one or more provisions of . . . 35 U.S.C. §§ 101, 102, 103 and/or 112” was insufficiently pled: Ferring v Watson Pharmaceuticals (Docket Report)

Niaspan (Niacin extended-release) – US: Abbott files patent infringement complaint against Amneal in response to Para IV challenge (Patent Docs)

Pamiprexol – Germany: Anonymous confirmation by research institute is not a suitable means of proof in PI proceedings (Kluwer Patent Blog)

Ranibizumab – EU: Novartis Pharmaceuticals UK Ltd v Medimmune Ltd & Anor – Self-perpetuating references to the CJEU (Kluwer Patent Blog)

Suprep (Sodium sulfate, Potassium sulfate, and Magnesium sulfate) – US: Hatch-Waxman precludes misuse and unclean hands counterclaims based on alleged improper Orange Book listing: Braintree Laboratories v Amrutham (Docket Report)

Zemplar (Paricalcitol) – US: Abbott files patent infringement complaint against Hospira over NDA filing (Patent Docs)

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