HELSINN HEALTHCARE v. TEVA PHARMACEUTICALS

2016-1284, 2016-1787.

855 F.3d 1356 (2017)

HELSINN HEALTHCARE S.A., Plaintiff-Appellee v. TEVA PHARMACEUTICALS USA, INC., Teva Pharmaceutical Industries, Ltd., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: May 1, 2017.


Attorney(s) appearing for the Case

JOSEPH M. O'MALLEY, JR. , Paul Hastings LLP, New York, NY, argued for plaintiff-appellee. Also represented by ISAAC S. ASHKENAZI , ERIC WILLIAM DITTMANN , YOUNG JIN PARK ; STEPHEN BLAKE KINNAIRD , ANAND BIPIN PATEL , Washington, DC; CHARLES M. LIZZA , Saul Ewing LLP, Newark, NJ.

GEORGE C. LOMBARDI , Winston & Strawn LLP, Chicago, IL, argued for defendants-appellants. Also represented by TYLER JOHANNES , JULIA MANO JOHNSON ; STEFFEN NATHANAEL JOHNSON , ANDREW CURTIS NICHOLS , JOVIAL WONG , Washington, DC; KARL LEONARD , The Exoneration Project, Chicago, IL.

WILLIAM ERNEST HAVEMANN , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for amicus curiae United States. Also represented by MARK R. FREEMAN , BENJAMIN C. MIZER ; THOMAS W. KRAUSE , SCOTT WEIDENFELLER , JOSEPH MATAL , JOSEPH GERARD PICCOLO , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

MARK A. LEMLEY , Durie Tangri LLP, San Francisco, CA, for amicus curiae 42 Intellectual Property Professors. Also represented by ROBERT P. MERGES , Davis, CA.

RON D. KATZNELSON , Encinitas, CA, amicus curiae.

ROBERT ALLEN ARMITAGE , Marco Island, FL, for amicus curiae Congressman Lamar Smith.

ANDREW BALUCH , Strain PLLC, Washington, DC, for amicus curiae The Naples Roundtable, Inc. Also represented by LARRY L. SHATZER.

LYNN CAMPBELL TYLER , Barnes & Thornburg LLP, Indianapolis, IN, for amicus curiae American Intellectual Property Law Association. Also represented by MARK L. WHITAKER , Morrison & Foerster LLP, Washington, DC.

JAMIE WISZ , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, for amici curiae Pharmaceutical Research and Manufacturers of America, Biotechnology Innovation Organization. Also represented by ROBERT MANHAS , THOMAS SAUNDERS.

Before Dyk, Mayer, and O'Malley, Circuit Judges.


Helsinn Healthcare S.A. ("Helsinn") is the owner of the four patents-in-suit directed to intravenous formulations of palonosetron for reducing or reducing the likelihood of chemotherapy-induced nausea and vomiting ("CINV").

Helsinn brought suit against Teva Pharmaceuticals USA...

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