Remove Evidence Remove Litigation Remove Pharmaceuticals
article thumbnail

CAFC Orders Review of Extrinsic Evidence to Determine Proper Limit of Claimed pH Range

IP Watchdog

Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Actelion Pharmaceuticals Ltd. Mylan Pharmaceuticals Inc. The Federal Circuit remanded the case for further consideration of extrinsic evidence from chemistry textbooks to determine the proper meaning of the claim term “a pH of 13 or higher.”

Evidence 105
article thumbnail

Johnson & Johnson Reaches $700 Million Settlement Over Talcum Powder Litigation

Complex Discovery

states over talcum powder litigation marks a pivotal moment in consumer protection and corporate accountability. This case highlights critical issues surrounding product safety, transparency, and the ethical responsibilities of corporations, especially within the pharmaceutical industry. This multi-state settlement involves 43 U.S.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

District Court Decision Teaches Caution When Construing Claims to Encompass After-Arising Technology

IP Watchdog

Novartis is currently involved in a multi-district patent litigation campaign to block generic entrants for Entresto®, which is Novartis’ blockbuster heart medication. On July 7, 2023, the district court invalidated the patent for lack of written description despite rejecting an enablement defense based upon the same evidence.

article thumbnail

What Recent Case Law Tells Us About the Importance of Consumer Surveys in Trademark Cases

IP Watchdog

District Court for the Southern District of Florida ruled against plaintiff Vital Pharmaceuticals, Inc.’s In each of these opinions, the court noted the absence of survey evidence (or, in the Vital Pharmaceuticals case, the inadequacy of an “almost comically flawed” survey). On August 3, 2021, the U.S. On June 7, 2021, the U.S.

Case Law 126
article thumbnail

Exposure Lawsuits: Trends, Challenges, Future Implications

CaseFox

Over time, legal frameworks developed to address these concerns, forming the foundation for contemporary exposure litigation. High-profile incidents, such as Love Canal and asbestos-related diseases, prompted regulatory changes and a surge in environmental and occupational health litigation.

article thumbnail

Ninth Circuit Denies Review of Decision that IPR Proceedings Do Not Trigger FCA’s Public Disclosure Bar

IP Watchdog

The FCA claim was brought by patent attorney Zachary Silbersher against Valeant Pharmaceuticals, predecessor to Canadian drugmaker Bausch Health.

article thumbnail

CAFC Reverses January Decision Affirming Sufficient Written Description for Negative Claim Limitation Over Judge Linn’s Dissent

IP Watchdog

Court of Appeals for the Federal Circuit issued a precedential decision in Novartis Pharmaceuticals Corp. Earlier today, the U.S. Accord Healthcare, Inc. granting a petition for rehearing from appellant HEC Pharm Co.,