Wednesday, March 16, 2011

Gilead sues Natco under Hatch-Waxman over Tamiflu in D. Delaware

The Bloomberg story notes:

“This action arises because of Natco’s efforts to gain approval from the U.S. Food and Drug Administration to market generic copies” while claiming the Gilead patent isn’t valid, according to the complaint filed by Maryellen Noreika, a lawyer for the plaintiffs.

Maryellen Noreika is a member of the Intellectual Property Litigation Group of Morris, Nichols and is a 1993 graduate of the University of Pittsburgh School of Law.

The patent in question is US 5,763,483: “Carbocyclic compounds” to inventor Bischofberger et. al. and assigned to Gilead Sciences, Inc.

The case is Civil Action No. 1:11-cv-00221-UNA filed in D. Delaware on 14 March 2011.


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