Appellant Kevin Xu was convicted by a jury of conspiring to traffic in counterfeit pharmaceutical drugs, in violation of 18 U.S.C. § 371 (Count 1), introducing into interstate commerce misbranded drugs with the intent to defraud and mislead, in violation of 21 U.S.C. §§ 331(a) and 333(a)(2) (Coun...
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This is the latest installment in a long-running series of cases concerning an incentive that Congress established for companies to bring “generic” versions of branded drugs to market faster than they otherwise might. Teva Pharmaceuticals USA, Inc., a manufacturer of generics, has received tenta...
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Appellant U.S. Philips (“Philips”) appeals the district court’s April 28, 2008 order granting non-party Appellee-Intervenor KBC Bank’s motion to modify a preliminary injunction freezing the assets of the underlying defendants. We vacate the modification order and remand on an open record for...
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This case arises out of a complex set of contractual relationships between the Wisconsin Alumni Research Foundation, the patent-management entity for the University of Wisconsin; certain research scientists at the University; and Xenon Pharmaceuticals, a Canadian drug company. The Foundation and Xen...
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Iovate Health Sciences, Inc. (“Iovate”) and the University of Florida Research Foundation, Inc. (the “Foundation”) appeal from the summary judgment order of the United States District Court for the Eastern District of Texas holding claims 1, 2, 5, 7, 8, 9, and 18 of U.S. Patent 6,100,287 (...
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Amgen, Inc. (“Amgen”) filed a complaint with the International Trade Commission (“the Commission”) pursuant to § 337 of the Tariff Act of 1930 against intervenors Roche Holding Ltd., F. Hoffmann-La Roche Ltd., Roche Diagnostics GmbH, and Hoffman-La Roche Inc. (collectively, “Roche”), al...
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Steven D. Ritchie and H. David Reynard (collectively, Ritchie) owned Know Mind Enterprises, a manufacturer of sexual devices colloquially known as “sex aids” or “sex toys.” Vast Resources, Inc. d/b/a Topco Sales (Topco) was a competitor manufacturer of sexual devices. Both companies produce...
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Two medical technology companies in a patent dispute disagreed on the construction of the claim term "treating a wound." Kinetic Concepts, Inc. and others (collectively “KCI”) sued Blue Sky Medical Group, Inc. and others (collectively “Blue Sky”) for infringement of KCI’s ‘643 and ‘081...
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Freedom Wireless, Inc. (“FWI”), a Nevada corporation, held a patent for a technology that facilitated cell phone use through prepaid phone cards. Douglas Fougnies and Larry Day were chairman/chief executive officer and president, respectively, of FWI. Because FWI lacked the funds to enforce its ...
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Ball Aerosol and Specialty Container, Inc. owns the ‘969 patent covering a candle tin with a removable cover that is also designed as a base for the candle to prevent the heat of the lit candle from scorching a table or other surface. The ‘969 patent claims “protrusions” or feet that rest o...
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