United Food & Commercial Workers Local 1776 v. Takeda Pharmaceutical Co.

Purchasers of brand diabetes drug ACTOS brought suit against the manufacturer (“Takeda”) for improperly describing its patents to the Food and Drug Administration, in effect extending the duration of its patent protection over ACTOS and delaying generic competition. The district... Read more →

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Federal Trade Commission v. AbbVie Inc

This appeal involves a patented drug called AndroGel. A blockbuster testosterone replacement therapy that generated billions of dollars in sales, AndroGel caught the attention of the Federal Trade Commission. The FTC sued the owners of an AndroGel patent—AbbVie, Inc., Abbott... Read more →

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Lantus Direct Purchaser Antitrust Litigation

The FDA maintains a publication called Approved Drug Products with Therapeutic Equivalence Evaluations, known in the industry as "the Orange Book." The Orange Book lists patents said by their owners to claim FDA approved drugs. The listing of a patent... Read more →

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Xitronix Corp. v. KLA-Tencor Corp.

The substantive issue in this appeal is whether a jury should hear Xitronix Corporation’s claim that KLA-Tencor Corporation violated the Sherman Act’s prohibition of monopolies by obtaining a patent through a fraud on the U.S. Patent and Trademark Office (“PTO”).... Read more →

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ABS Global, Inc. v. Inguran, LLC

This case is about the birds and the bees—in particular, about human efforts to control the reproductive outcomes otherwise determined by Mother Nature. Our specific interest is the cattle industry. People have been raising cattle since the early Neolithic Age,... Read more →

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Xitronix Corp. v. KLA-Tencor Corp.

The only asserted claim in the underlying case is a Walker Process monopolization claim based on alleged fraud on the United States Patent and Trademark Office (“PTO”). Both parties assert that the Federal Circuit has appellate jurisdiction over this case.... Read more →

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Lipitor Antitrust Litigation

This opinion addresses two sets of consolidated appeals concerning two pharmaceutical drugs: Lipitor and Effexor XR. In both sets of consolidated appeals, plaintiffs allege that the companies holding the patents related to Lipitor and Effexor XR fraudulently procured and enforced... Read more →

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Lipitor Antitrust Litigation

A pharmaceutical company holding the patent on a drug sues the manufacturer of a generic version of that drug for patent infringement. The patent-holder and the generic manufacturer later settle, with the former paying the latter not to produce a... Read more →

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ACTOS End-Payor Antitrust Litigation

Plaintiffs allege that the defendants-appellees (collectively “Takeda”) prevented competitors from timely marketing a generic version of Takeda’s diabetes drug ACTOS by falsely describing two patents to the Food and Drug Administration. Plaintiffs claim that these false patent descriptions channeled Takeda’s... Read more →

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