Markman Advisors
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Markman Advisors Patent Blog

by Zachary Silbersher

Posts tagged brand
Will “method-of-use thickets” grow from SCOTUS denial of the GSK v. Teva skinny label case?

Bad facts make bad law.  The case of GlaxoSmithKline’s lawsuit over Teva’s generic Coreg® drug is a case-in-point.  I previously blogged about the case here and here.  Given that the Supreme Court declined to grant certiorari, we’re now stuck with Federal Circuit precedent holding that a generic can still face liability for induced infringement of a method-of-use patent covering a section viii carved-out indication.  What will be the consequences of this?

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Markman AdvisorsZachary Silbersher, Silbersher, Teva, GlaxoSmithKline, GSK, Takeda, Apotex, Warner-Lambert, skinny, skinny label, section viii, carve out, induced infringement, generic, brand, Orange Book, equitable estoppel, patent, Federal Circuit, en banc, Mylan, AlvotechComment
If Hatch-Waxman cases are governed by TC Heartland, will that lead to “generic friendly” districts?

Mylan ($MYL) recently prevailed on a motion to dismiss for improper venue in a pending Hatch-Waxman case for the drug Eliquis®.  Mylan successfully argued that Delaware was an improper venue under the recently test for venue in patent cases enunciated by the Supreme Court in TC Heartland.  What are the implications of TC Heartland governing venue in all Hatch-Waxman cases?  Will it lead to “generic friendly” judicial districts?

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Markman AdvisorsMylan, Bristol-Meyers Squibb, MYL, $MYL, $BYL, BYL, $BMY, BMY, TC Heartland, venue, Hatch-Waxman, generic, brand, generic drug, Federal Circuit, Eliquis, Zachary Silbersher, SilbersherComment