Comments on: Patents Found Invalid Against One Party Are Unenforceable Against Another Party

By: Take

Take — Sun, 25 Mar 2007 02:00:40 +0000

I would think that the exclusitivty could only apply until the patent expriy date which is march 25, 2007. The pediatric exlcusivity only applies to valid patents so that would disappear with the patent being found invalid. So Mylan would have 3 days of exclusivity. Come Monday and assuming that other generics get final approval, everyone else could start selling also.

By: blonder » Blog Archive » Patents Found Invalid Against One Party Are Unenforceable Against … - Patent Baristas

Sat, 24 Mar 2007 23:13:03 +0000

[...] If a patent is held invalid, it is invalid as to all parties (see Blonder-Tongue case). Therefore, Mylan??�s appeal is moot (although I don??�t know the details … Source http://www.patentbaristas.com/archives/2007/03/22/patents-found-invalid-against-one-party-are-unenforceable-against-another-party/ [...]

By: Simon

Simon — Fri, 23 Mar 2007 13:44:11 +0000

Ria Sen is, I believe, incorrect- the successful defense rule was effectively overturned in Mova v Shalala. Mylan should therefore keep its 180 days exclusivity

By: Ria Sen

Ria Sen — Fri, 23 Mar 2007 10:11:18 +0000

I think, Mylan shall not be able to enjoy 180 day exclusivity b/s 180 day exclusivity is awarded only to that ANDA filer who was first to file and was able to win the case of non-infringement. In this case even though Mylan was first to file, but it lost the case in District Court when sued by Pfizer.

By: Madhurima

Madhurima — Fri, 23 Mar 2007 05:16:18 +0000

Thank you for clarifying that the patent is invalid for all. However, does that mean that Mylan will have 180-day exclusivity as it is first to file?

Or will the exclusivity be only until Mar 25, 2007, the date the patent expires without PED extension?