Fresh From the Bench: Latest Precedential Patent Cases
CASE OF THE WEEK
Azurity Pharmaceuticals, Inc. v. Alkem Laboratories Ltd., Appeal No. 2023-1977 (Fed. Cir. Apr. 8, 2025)
In our Case of the Week, the Federal Circuit affirmed that defendant Alkem’s proposed generic antibiotic did not infringe claims of a patent that covers appellant Azurity’s Firvanq® medication. The Court found that during prosecution of a related patent, Azurity had made “sweeping” disclaimers of any formulation that contains propylene glycol, an ingredient used as a solvent and in certain flavoring agents. Because Alkem’s Abbreviated New Drug Application (ANDA) made clear that its generic formulation includes propylene glycol, the Federal Circuit affirmed the district court’s judgment of non-infringement.
ALSO THIS WEEK
In re SAP America, Inc., Appeal No. 25-118 (Fed. Cir. Apr. 10, 2025)
In response to a petition for a writ of mandamus that sought transfer to a different division of the Eastern District of Texas, the Federal Circuit denied it. SAP sought transfer of the case from the Marshall Division to the Sherman Division, in part because it had offices in Sherman and two potentially relevant witnesses were there. After a nine-month delay, Judge Gilstrap denied the request, and noted the case was proceeding to trial. The judge further noted a relationship to a co-pending case against AT&T based on one of the same patents. The Federal Circuit found that Judge Gilstrap had erred in considering the AT&T litigation, given that it had been completely resolved by the date the district court had entered its order; and that the court had further erred in considering the pace to trial as of the time the motion was decided, because the correct time for the analysis is the time when the motion to transfer is filed. The district court had also set an overly demanding standard for considering the “willing-witness” factor. But the Federal Circuit nonetheless agreed that SAP had failed to meet the standard for transfer on balance of all the factors.
The opinion can be found here.
Editors:
Nika Aldrich, IP Litigation Group Leader, Schwabe
Jason A. Wrubleski, Shareholder