Fresenius

Case Law, Damages, France, Infringement, Patents

(Dhenne Avocats)/ /2 Comments

Joining the majority of European courts, the Paris Court of Justice ruled that Eli Lilly’s patent, which relates to the combined administration of pemetrexed disodium and vitamin B12, was infringed by the marketing of Fresenius’ pemetrexed diacid. It also awarded a record amount of damages of €28,000,000: a first in Europe. 1. The pemetrexed “saga”…

Opposition, Revocation, United States of America

(Foley&Lardner LLP)/ /1 Comment

Recent  U.S. Court of Appeals for the Federal Circuit and USPTO decisions underscore the potential value of challenging a granted U.S. patent in a USPTO proceeding, even if the patent already has been held infringed and/or not invalid in district court litigation. In  Fresenius, USA Inc. v. Baxter International, Inc., the Federal Circuit interpreted the ex parte reexamination…