A blog about patent, copyright and trademark law in the U.S. District Court
for the Southern District of New York
Showing posts with label Safe Harbor. Show all posts
Showing posts with label Safe Harbor. Show all posts

Patent Infringement Claims Dismissed on Rule 12(b)(6) Motion to Dismiss

In a July 16, 2013 ruling, Judge Katherine B. Forrest dismissed two patent infringement cases brought by Teva Pharmaceuticals USA, Inc. against Sandoz Inc. and Mylan Pharmaceuticals Inc. under Rule 12(6).  The four patents-in-suit relate to methods of characterizing the active pharmaceutical ingredient in a drug for treating relapsing-remitting multiple sclerosis.  Half of Teva's claims in each complaint related to the defendants' alleged infringement of the patents-in-suit while generating information for their Abbreviated New Drug Applications to make generic forms of the drug, and the other half of the claims were declaratory judgment claims that the defendants would infringe the patents-in-suit in their future production of the drug. 

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