Orange Book Blog

At the intersection of Patent and FDA Law

Recent Posts

Month: May 2006

  • Merck Seeks to Reverse Loss in Federal Circuit, Alleging Teva Committed Litigation Fraud

    Merck has asked the federal district court in Delaware to vacate a judgment that Merck’s patent on its Fosamax Once Weekly drug product is invalid, alleging that Teva committed fraud in the previous litigation.  In its 2003 decision, the district court upheld Merck’s patent.  However, in a 2005 decision, the Federal Circuit reversed the district…

  • Eli Lilly Files Suit Against Barr Labs to Protect Prozac Weekly

    Barr Labs announced that yesterday, Eli Lilly filed a patent infringement lawsuit against Barr relating to Lilly’s Prozac Weekly drug product.  Lilly filed suit in the Southern District of Indiana, alleging infringement of U.S. reissue patent RE39,030.  According to Barr’s press release, Barr filed its ANDA seeking approval of a generic version of Prozac Weekly…

  • Public Comment Period on FTC’s Authorized Generics Study Ends June 5, 2006

    Authorized generic drugs are essentially brand name drugs packaged and sold as generics by an innovator drug company under its own NDA, through either the innovator’s generic subsidiary or an independent generic drug company.  With increasing frequency, innovator drug companies are launching authorized generics simultaneously with the first ANDA filer’s launch of its generic drug…

  • FTC Commissioner Speaks on Settlements in Pharmaceutical Patent Cases

    The Federal Trade Commission recently published the remarks of Commissioner Jon Leibowitz regarding trends in settlements of patent lawsuits between innovator and generic drug companies.  Commissioner Leibowitz made his remarks in a speech at the 2nd Annual In-House Counsel’s Forum on Pharmaceutical Antitrust, on April 24th in Philadelphia.  On the same day, the FTC released…

  • Welcome to Orange Book Blog!

    This weblog will focus on issues at the intersection of patent law and FDA law.  For example, I aim to discuss drug development and patenting; Hatch-Waxman litigation; and antitrust issues in pharmaceutical patent cases.  I am a patent lawyer, and therefore I will be looking at these topics from that perspective.  Others, such as those…