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Declaratory Judgments For Generic Firms May Be Easier After MedImmune Case

Executive Summary

The first application of a recent Supreme Court decision which appears to ease the way for declaratory judgment actions by ANDA filers could be in a case brought by Teva against Novartis regarding Famvir

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Genentech settles on Cabilly

Genentech resolves its long-standing dispute with MedImmune over its Cabilly patent, which relates to the process for producing antibodies, the biotech announces. MedImmune, which licenses the patent along with Johnson & Johnson, ImClone and Abbott, filed suit in 2003 challenging the patent, but it was not until a decision by the U.S. Supreme Court in January that the firm gained the necessary legal standing (1"The Pink Sheet," Jan. 15, 2007, p. 7). Under the settlement, the manufacturer of Synagis (palivizumab) can obtain licenses for certain additional pipeline products under the Cabilly patent family, including motavizumab. Financial terms of the settlement were not disclosed

Genentech settles on Cabilly

Genentech resolves its long-standing dispute with MedImmune over its Cabilly patent, which relates to the process for producing antibodies, the biotech announces. MedImmune, which licenses the patent along with Johnson & Johnson, ImClone and Abbott, filed suit in 2003 challenging the patent, but it was not until a decision by the U.S. Supreme Court in January that the firm gained the necessary legal standing (1"The Pink Sheet," Jan. 15, 2007, p. 7). Under the settlement, the manufacturer of Synagis (palivizumab) can obtain licenses for certain additional pipeline products under the Cabilly patent family, including motavizumab. Financial terms of the settlement were not disclosed

House Bill Banning “Reverse Settlements” Would Give FTC Exemption Power

A bill introduced by Rep. Bobby Rush, D-Ill., banning "reverse" settlements between brand and generic companies would give the Federal Trade Commission the power to allow any such agreement it deems furthers market competition

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