A number of amici weighed in this week on Novartis Pharmaceuticals’ petition to the U.S. Supreme Court asking the Justices to consider whether the U.S. Court of Appeals for the Federal Circuit (CAFC) should have been allowed to vacate the decision of a previous three-judge panel composed of different judges, thus invalidating Novartis’ patent for a dosing regimen for its multiple sclerosis drug, Gilenya. In January of this year, Novartis followed through on its September 2022 promise that it would appeal the CAFC’s June 2022 decision invalidating its U.S. Patent No. 9,187,405 to the Supreme Court, after the CAFC denied its request to rehear the case.
Litigation
- U.S. Government Sides with Teva in Skinny Label SCOTUS Fight
- What I’ll Be Watching for in the Amgen Oral Arguments
- A Dog’s Day in Court: Implications of the ‘Bad Spaniels’ Arguments on Parody Determinations and Noncommercial Use
- SCOTUS Skeptical that Bad Spaniels is Parody, But Questions Need to Overturn Rogers
- Justices Seek Abitron Parties’ Help in Articulating Bounds of Extraterritorial Application of Lanham Act
Recent Posts
- Other Barks & Bites for Friday, March 31: Japan Restricts Chip-Making Exports, Ocado Scores UK High Court Win in Robotic Warehousing Case, and Judge Rejects Fair Use Defense for Internet Archive
- U.S. Government Sides with Teva in Skinny Label SCOTUS Fight
- Industry, NGOs Spar Over Need to Extend TRIPS COVID IP Waiver at ITC Hearing
- Software-Related U.S. Patent Grants in 2022 Remained Steady While Chinese Software Patents Rose 8%
- The Truth Leaks Out: Justices Struggle with the Science, Sanofi Welcomes End to Functional Genus Claims in Amgen Oral Arguments