Tag Archives: Par

Advancing New Claims Under the Lanham Act

Implementing unique litigation tactics, on June 15, 2016, Foley & Larder LLP filed a complaint under Section 337 of the Tariff Act at the International Trade Commission (“ITC”) on behalf of Par Pharmaceutical and related parties (Par as “Complainants”).  The complaint, which is grounded in allegations of the unlawful importation of certain Potassium Chloride powder … Continue reading this entry

Federal Circuit Notes High Burden Of Invoking Inherency For Obviousness

In Par Pharmaceutical Inc. v. Twi Pharmaceuticals, Inc., the Federal Circuit vacated and remanded the district court decision holding the Par claims at issue obvious. The district court decision rested in part on the doctrine of inherency, but Twi did not establish that the property at issue “necessarily must be present” in the product rendered … Continue reading this entry

Federal Circuit Finds Treximet Patents Non-Obvious And Infringed

In Pozen, Inc. v. Par Pharmaceutical Inc., the Federal Circuit upheld the district court’s determination that the patents at issue were not invalid as obvious and were infringed by the subject Abbreviated New Drug Applications (ANDAs). Comparing this case to In re Droge, I cannot help but wonder how much the procedural posture impacted the … Continue reading this entry