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Teva Pharmaceuticals Int l GmbH v Eli Lilly & Co , Eli Lilly & Co v Teva Pharmaceuticals Int l GmbH, and Teva Pharmaceuticals Int l GmbH v Eli Lilly & Co (Fed Cir 2021) | McDonnell Boehnen Hulbert & Berghoff LLP
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Federal Circuit Places Skinny Labels Back in Danger | Locke Lord LLP
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The use of the word “about” in a patent claim as part of a numeric range might permit the patent holder to preclude competitor formulations falling outside the approximate range, as illustrated in a fairly recent decision
Par Pharm., Inc. v. Hospira, Inc., 835 F. App x 578 (Fed. Cir. 2020). Par sued Hospira for patent infringement after Hospira filed an ANDA seeking to market a generic version of Par’s Adrenalin
® epinephrine injection. At issue was the scope of the patent claim listing the
approximate amounts of tonicity, chelating, and pH lowering agents added to the epinephrine formulation for stability.
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On February 23, 2021, a Federal Circuit panel of Chief Judge Prost, Judge Newman, and Judge Moore reheard oral argument in
GlaxoSmithKline LLC v. Teva Pharms. USA, Inc. As discussed in our previous post, on February 9, 2021, the panel issued an order granting Teva’s petition for rehearing, vacating the prior October 2, 2020 judgment and withdrawing the October 2, 2020 opinion. The panel limited the oral argument to the issue of whether there is substantial evidence to support the jury’s verdict of induced infringement during Teva’s “skinny label” period from January 8, 2008 through April 30, 2011.
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