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Valeant Pharmaceuticals Intl. v. Mylan Pharmaceuticals Inc.

Docket 18-2097, U.S. Court of Appeals, Federal Circuit (June 22, 2018)
Patent
Case Type830 Patent
Tags830 Patent, 830 Patent
Plaintiff - Appellee VALEANT PHARMACEUTICALS INTERNATIONAL, INC.
Plaintiff - Appellee SALIX PHARMACEUTICALS, INC.
Plaintiff - Appellee PROGENICS PHARMACEUTICALS, INC.
...
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Comcast Cable Communications, LLC v. OpenTV, Inc. et al

Docket 5:16-cv-06180, California Northern District Court (Oct. 26, 2016)
Hon. William Alsup, presiding
Patent
DivisionSan Jose
DemandPlaintiff
Cause35:271 Patent Infringement
Case Type830 Patent
Tags830 Patent, 830 Patent
Plaintiff Comcast Cable Communications, LLC
Defendant OpenTV, Inc.
Defendant Nagravision SA
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Comcast Cable Communications, LLC v. OpenTV, Inc. et al

Docket 3:16-cv-06180, California Northern District Court (Oct. 26, 2016)
Hon. William Alsup, presiding, Magistrate Judge Donna M. Ryu (Settlement)
Patent
DivisionSan Francisco
DemandBoth
Cause35:271 Patent Infringement
Case Type830 Patent
Tags830 Patent, 830 Patent
Patent5907322; 6006256; 6018768; 6148081; 6345389; 6530082; 6725461; 6799328; 6895595; 6985586; 7028327; 7069579; 7243139; 7661117; 7669212; 7725720; 7725740; 7900229; 8356188, 5907322, 6006256, 6018768, 6148081, 6345389, 6530082, 6725461, 6799328, 6895595, 6985586, 7028327, 7069579, 7243139, 7661117, 7669212, 7725720, 7725740, 7900229, 8356188
Plaintiff Comcast Cable Communications, LLC
Defendant OpenTV, Inc.
Defendant Nagravision SA
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No. 89 OPINION filed for the court by Lourie, Circuit Judge; Reyna, Circuit Judge and Hughes, Circuit ...

Document Valeant Pharmaceuticals Intl. v. Mylan Pharmaceuticals Inc., 18-2097, No. 89 (Fed. Cir. Apr. 8, 2020)
The district court disagreed, rejecting Mylan’s argu- ments about Bahal, Oshlack, and Fawcett because none of the references taught methylnaltrexone formulations.
Here, the pH range recited in claim 8 clearly overlaps with the pH range in the record art, but none of the refer- ences disclose the same drug as the one claimed.
The court also rejected Mylan’s citations of expert testimony and prior art references because none of the ref- erences identified pH as the “first variable” that an experi- enced formulator would consider and because Mylan’s expert ...
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No. 65 MODIFIED ENTRY: REPLY BRIEF FILED for Appellants Mylan Inc., Mylan Laboratories Limited and ...

Document Valeant Pharmaceuticals Intl. v. Mylan Pharmaceuticals Inc., 18-2097, No. 65 (Fed. Cir. Aug. 6, 2019)
As Dr. Hunter testified, none of the ’025 patent examples are stabilized by lowering the pH alone without stabilizers.
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No. 64 MODIFIED ENTRY: BRIEF FILED for Appellees Progenics Pharmaceuticals, Inc., Salix Pharmaceuticals, ...

Document Valeant Pharmaceuticals Intl. v. Mylan Pharmaceuticals Inc., 18-2097, No. 64 (Fed. Cir. Jul. 2, 2019)
... Pharmaceuticals, Inc.: None. For Progenics Pharmaceuticals, Inc.: None. For Wyeth LLC: None. Parent corporations and publicly held companies that own 10% or more of stock in the parties: For Valeant Pharmaceuticals, Inc: None.
Mylan’s Expert Testimony on 24-Month Stability Is Nonexistent or Conclusory .......................................................27 Attorney Argument Does Not Suffice ......................................32 3.
Valeant explained that only two of Mylan’s asserted references disclose methylnaltrexone at all, none provides any information about the pH range or storage stability of methylnaltrexone formulations, and none discloses any ...
While these three references state that their naloxone or naltrexone formulations are “stable,” none discloses stability data meeting the requirements of claim 8.
It is also undisputed that none of these three references refers to methylnaltrexone.
As the court explained, none of Mylan’s references discloses a single formulation, for methylnaltrexone or otherwise, that meets the storage stability limitation of the claim.
And regardless of which of Mylan’s “three theories of obviousness” are examined, all fail for lack of evidence of predictability and none is sufficient to warrant trial in this case.
None of these purported disputes is material, as none affects the ultimate conclusion.
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No. 58 RESPONSE of Appellants Mylan Inc., Mylan Laboratories Limited and Mylan Pharmaceuticals Inc. ...

Document Valeant Pharmaceuticals Intl. v. Mylan Pharmaceuticals Inc., 18-2097, No. 58 (Fed. Cir. Apr. 22, 2019)
Motion to Extend Time to File Brief
4 While recognizing that members of the public are typically not privy to certain filings or information about an active litigation, counsel for Defendants-Appellants nonetheless reviewed the docket in connection with the May 6 Trial but ...
Date Filed: 12/06/2016 Jury Demand: None Nature of Suit: 830 Patent Jurisdiction: Federal Question represented by WILLIAM P. DENI , JR.
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No. 56 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED for Appellants Mylan Inc., Mylan Laboratories ...

Document Valeant Pharmaceuticals Intl. v. Mylan Pharmaceuticals Inc., 18-2097, No. 56 (Fed. Cir. Apr. 16, 2019)
It was “not persuaded” that a skilled artisan would apply the overlapping pH ranges taught in the prior art of naloxone and naltrexone because none of the “prior art teaches the use of methylnaltrexone in any form.” Appx27-28.
Finally, the district court discounted Mylan’s prior art because none of it expressly linked pH optimization to long-term stability.
The district court also concluded that the stability realized by Claim 8 was not predictable because none of the prior art explicitly linked pH to stability in methylnaltrexone, naltrexone, or naloxone.
It may be correct that, as Plaintiffs contend, none of the prior art cited by Defendants discloses a pharmaceutical solution that is stable for 24 months at about room temperature.
) Defendants then cite to a number of pieces of evidence, none of which supports the assertion.
... buffer, however, appeared to increase somewhat the amount of metbylnaltrex(cid:173) one degradation products, although not to unacceptable lev- 30 els, resulting in Jess than 1.3 9% of degradation products at pH of3.6. Nonetheless, ...
... release, and any combination thereof, etc. The particle may include, in addition to the therapeutic agent(s), any of those materials routinely used in the art of pharmacy and medicine, includiog, but not limited to, erodible, nonerodJole, ...
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