Tag Archives: Teva

Federal Circuit Looks For A Different Kind Of Unexpected Results In BMS v. Teva

In Bristol-Myers Squibb Co. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit affirmed the district court’s finding that BMS’s Baraclude® patent is invalid as obvious. In so doing, the court gave little weight to unexpected results characterized as reflecting a difference in “degree” rather than a difference in “kind.” This decision joins other recent Federal Circuit … Continue reading this entry

Federal Circuit Finds "Molecular Weight" To Be Insolubly Ambiguous

Please welcome Daniel Shelton, an associate in the Chemical, Biotechnology and Pharmaceutical Practice of Foley & Lardner LLP, as a new author for PharmaPatentsBlog. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Federal Circuit invalidated a number of claims directed to a polymer defined by its “molecular weight” because the term was ambiguous, and … Continue reading this entry

Federal Circuit Smells A Rose In Crestor Conception

In Teva Pharmaceutical Industries, Ltd. v. AstraZeneca Pharmaceuticals LP, the Federal Circuit took what could be one of its last looks at the requirements for establishing prior invention under 35 USC § 102(g)(2). The court determined that although conception requires some appreciation of the claimed subject matter, it does not require an understanding of all … Continue reading this entry

The Federal Circuit Solidifies The Future For Subsequent ANDA Litigation

In Teva Pharmaceuticals USA, Inc. v. Eisai Co., Ltd., the Federal Circuit addressed complicated subject matter jurisdiction issues in the context of a declaratory judgment (DJ) action that was brought in accordance with the Hatch-Waxman Act by a subsequent ANDA filer. The court determined that the DJ action should proceed, even though the patent owner could not have brought an … Continue reading this entry