Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.
Court of Appeals for the Federal Circuit
1Opinion of the Court
DYK, Circuit Judge.
Helsinn Healthcare S.A. (“Helsinn”) is the owner of the four patents-in-suit di rected to intravenous formulations of palo-nosetron for reducing or reducing the likelihood of chemotherapy-induced nausea and vomiting (“CINV”).
Helsinn brought suit against Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries, Ltd. (collectively, “Teva”) alleging that the filing of Teva’s Abbreviated New Drug Application (“ANDA”) constituted an infringement of various claims of those patents. Teva defended, inter alia, on the ground that the asserted claims were invalid under the…
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