Federal Trade Commission Urges SCOTUS to Deny AbbVie Petition

“Although there was no direct evidence of AbbVie’s subjective intent, the district court inferred subjective intent from the fact that AbbVie’s lawyers were very experienced with patent matters and would know that litigation would delay generic competition.” On Wednesday, May 19, the response brief of the Federal Trade Commission (FTC) was filed with the US … Read more

Federal Circuit Affirms Dismissal of Celgene’s Hatch-Waxman Suit Against Mylan

“[T]he Federal Circuit noted that venue in Hatch-Waxman cases is predicated on past acts of infringement instead of planned future conduct, and that such past acts can only happen in districts related to the submission of the ANDA filing.” On November 5, the US Court of Appeals for the Federal Circuit (CAFC) issued a precedential … Read more

Federal Court rejects motion for summary judgment in Canadian patent infringement case following voluntary dismissal of parallel US litigation

In a recently released decision, the Federal Court (FC) considered what happens when a patent infringement plaintiff agrees to resolve a dispute in a foreign jurisdiction, but continues to press parallel litigation against the same defendant in Canada. In this case, the defendant sought summary judgment based on the terms of a voluntary dismissal between … Read more