Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight five dispositions, three cases with new briefing, one recent oral argument, and two upcoming oral arguments.

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Opinions

Opinion Summary – Takeda Pharmaceuticals U.S.A v. Mylan Pharmaceuticals Inc.

Last Friday, the Federal Circuit filed opinions in two related cases that attracted amicus briefs, Takeda Pharmaceuticals U.S.A. v. Mylan Pharmaceuticals Inc. and Takeda Pharmaceuticals U.S.A. v. Alkem Laboratories Limited. In both cases, Judges Prost and Hughes affirmed the district court’s decision denying Takeda’s request for a preliminary injunction. Judge Newman dissented in both cases. Here is a summary of the opinions.

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Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these patent cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight one disposition, one new case, two recent oral arguments, and one upcoming oral argument.

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Argument Recap

Argument Recap – Takeda Pharmaceuticals U.S.A. v. Mylan Pharmaceuticals Inc.

This month the Federal Circuit heard oral argument in two related cases that attracted amicus briefs, Takeda Pharmaceuticals U.S.A. v. Mylan Pharmaceuticals Inc. and Takeda Pharmaceuticals U.S.A. v. Alkem Laboratories Limited. In these cases, the court confronted breach of contract and patent infringement claims against two different alleged infringers–Mylan and Alkem. As we noted in our argument preview, Takeda argues that Section 1.2(d) of license agreements with the accused infringers does not allow for the production of generic versions of Takeda’s patented product at this time. Mylan and Alkem, along with the district court, disagree. The Federal Circuit consolidated the cases for argument purposes only, and the parties presented their arguments to a panel including Chief Judge Prost and Judges Newman and Hughes. This is our argument recap.

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Court Week

Court Week – What You Need to Know

This week and next Monday the Federal Circuit will convene 14 panels to consider about 67 cases. This month, like last month, the court will hear all of its oral arguments telephonically given the coronavirus pandemic. Moreover, the court will hear fewer oral arguments than normal, with only about 35 cases being argued this month. Of the argued cases, only two related cases attracted amicus briefs.

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Argument Preview

Argument Preview – Takeda Pharmaceuticals U.S.A v. Mylan Pharmaceuticals Inc.

Two cases that attracted amicus briefs are being argued on Monday, June 8. The cases are related. Takeda Pharmaceuticals U.S.A brought separate breach of contract and patent infringement claims against two different alleged infringers, Mylan Pharmaceuticals Inc. and Alkem Laboratories Limited. In both cases, Takeda appeals the district court’s denial of its motions for preliminary injunctions. Takeda argues that license agreements between Takeda and the accused infringers do not allow for the production of generic versions of Takeda’s patented product at this time. Here is our argument preview.

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Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these patent cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight two dispositions, one new case, three recent oral arguments, and two upcoming oral arguments.

Read More