For our weekly SoCal IP Institute meeting on Monday, July 30, 2018, we will discuss:
Jazz Pharm. v. Amneal Pharm. CAFC Fed Cir 7/13/18) (available here). The CAFC consolidated six IPR proceedings against patents owned by Jazz pharmaceuticals. At issue was whether information posted to the FDA’s website relating to testing certain drugs was publicly accessible. Jazz argued such information was not accessible because it related to the regulatory review process. The CAFC disagreed finding anyone could have found the posted materials.
Endo Pharm. v. Custopharm (Fed Cir 7/13/18) (available here). Endo sued Custopharm for patent infringement of an injectable testosterone. At trial, Custopharm stipulated to infringement but alleged several of the claims asserted against it were invalid. Custophram’s main argument was that it would have been obvious to reduce the amount of injected fluid to 3 ml while maintaining the same concentration of injectant. The CAFC disagreed and held the patents asserted against Custophram not invalid.
All are invited to join us on Monday July 30, 2018, at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.