District Court Allows Infringement Claims to Proceed for Patent Issued After ANDA Approval

Posted at 20:45h July 27, 2022 in Infringement, Motion to dismiss by Carlson Caspers
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In a recent order, Judge John Bailey from the Western District of Virginia denied Defendant Mylan’s 12(b)(6) motion to dismiss § 271(e) infringement claims despite the USPTO issuing Plaintiff AstraZeneca’s patent after the FDA approved Mylan’s ANDA. AstraZeneca AB v. Mylan Pharmaceuticals Inc_, 2022 U.S. Dist. LEXIS 123111. Mylan’s ANDA application was approved on March […]

Delaware Judge Finds Novel Induced Infringement Theory Directed at Health Insurance Provider Sufficiently Plead

Posted at 20:30h August 16, 2021 in Inducement, Infringement, Motion to dismiss by Carlson Caspers
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Amarin Pharma, Inc. and Amarin Pharmaceuticals Ireland Limited (“Amarin”) sued ANDA-holder Hikma Pharmaceuticals USA Inc., Hikma Pharmaceuticals PLC (“Hikma”) and health insurance provider Health Net, LLC (“Health Net”) for induced infringement of three patents covering methods of use for Amarin’s drug Vascepa®. Notably, the complaint asserts a novel theory of induced infringement against Health Net. […]