Lialda ruling overturned


Shire plc (SHPG -1.6%) drops modestly after its favorable judgement against Watson Pharmaceuticals (now Actavis) (ACT) blocking a generic competitor to Lialda is overturned according to market chatter.

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Comments (4)
  • Daniel B. Ravicher
    , contributor
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    $SHPG v $ACT Lialda Court of Appeals opinion is here: http://1.usa.gov/1hidbWi. I see it highly unlikely Shire wins on remand given this decision.
    28 Mar 2014, 11:53 AM Reply Like
  • autofocus111
    , contributor
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    Why do you believe Shire is unlikely to win on remand? The issue is what appears to be poor claim construction of two specific terms by the district court. The patent itself remains valid. Surely these terms can be re-worded to more accurately reflect the application of the patented invention to the disputed drug.
    30 Mar 2014, 03:26 AM Reply Like
  • Daniel B. Ravicher
    , contributor
    Comments (320) | Send Message
     
    Claim terms can NOT be "re-worded" on remand. They are what they are and Shire has to live with them and how the Court of Appeals interpreted them on Friday. It is my expectation that Actavis will be able to show on remand that its product does NOT have separate matrices as required by the patent under the Court of Appeals decision Friday. So long as Actavis' generic does not do one thing required by the claims, they do not infringe. Without sounding disrespectful, it seems you know absolutely nothing about patent law. Thus, you may be better off asking questions of a professional than making completely incorrect assumptions such as "surely these terms can be re-worded".
    30 Mar 2014, 09:42 AM Reply Like
  • autofocus111
    , contributor
    Comments (35) | Send Message
     
    Indeed, I am not a patent expert or lawyer, and was simply trying to understand why they were unlikely to win, since the patent seems straightforward in concept... create matrix1, break it up into fine particles, then create a second matrix containing these particles. Is that not correct? Does the Actavis drug not use this sequence of manufacture? Thanks for any further insights on this.
    28 Apr 2014, 06:33 PM Reply Like
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