During the Spring of 2018, after trial victories invalidating three AstraZeneca patents, Forge IP took part in extensive settlement negotiations on behalf of Apotex to bring a damages trial relating to its generic budesonide inhalation suspension products to a successful resolution.
AstraZeneca originally filed suit against Apotex, alleging infringement of two dosing method patents and a formulation patent relating to the drug Pulmicort Respules. AstraZeneca initially obtained a preliminary injunction that prohibited the launch of Apotex’s generic version of the popular asthma drug, and several hundred million dollars in bonds were secured for Apotex’s lost sales during the term of the injunction. After all three patents were ultimately invalidated at trial and the Court of Appeals for the Federal Circuit, Apotex sought to collect on these bonds in a damages trial. After successful negotiations, the parties executed a settlement agreement, avoiding the need for trial.
Forge IP is well-versed in both Paragraph IV and non-Paragraph IV pharmaceutical patent litigation. For just a few examples, please take a look at our Hatch-Waxman Disputes.
Dave Aldrich and Todd Oberdick will be attending the 2018 Annual Meeting of the International Trademark Association. Arriving in Seattle on May 19th, we are looking forward to getting together with our colleagues and longtime partners from around the world, as well as meeting new friends to potentially forge some new relationships! If you’d like to meet, please email Dave (firstname.lastname@example.org) or Todd (email@example.com) and let us know!
Having continued to press its case at the Hague, Forge IP has now obtained an allowance for a patent on behalf of client PerkinElmer Health Sciences, Inc., a global leader in innovative detection, imaging, informatics, and services for scientists and clinicians.
The patent is directed to novel Ion Optical Systems, such as mass spectrometers, that employ an innovative zirconia toughened alumina composition. The Examiner originally rejected all claims. After rare oral proceedings at the Hague, the Examining Division ultimately agreed to allow the case. The European Patent Office has now issued an “Intent to Grant” the patent, which is expected to issue in due course.
Forge IP has secured a Notice of Allowance for a patent entitled “Anatomical Visualization with Electrically Conductive Balloon.” The Examiner originally rejected all claims, alleging they were obvious over various prior art references. After an appeal to the Patent Trial and Appeal Board, the Board issued a decision reversing all rejections.
The innovative system invented by Forge IP client Sanovas, Inc. employs a novel balloon catheter that has an electrically conductive mesh that forms a grid on the outer surface of the inflatable balloon. As the balloon is moved and inflated within an obstructed bodily lumen (such as a plaque-laden artery or tumor-compromised airway), changes in an electrical characteristic of each segment of the grid are measured, thereby indicating the diameter at each point around the three-dimensional surface of the balloon. These measurements are then used to render a 3D visual representation of the bodily lumen on a display.
The U.S. Patent Office has now issued a Notice of Allowance, stating that all 49 claims are allowed. The patent is expected to issue shortly.
Though historically China’s image in the global marketplace was primarily that of a manufacturing powerhouse, there is no dispute that it has now become an innovation powerhouse as well. In the last few years, China has taken numerous steps to promote intellectual property protection and enforcement, including recent amendments to its patent laws and the establishment of specialized intellectual property courts. These efforts to encourage innovation and safeguard developments in the country have made China an important venue for acquiring and defending one’s IP.
Forge IP clients are no strangers to this progress in China. These include Carling Technologies, which engages is design and manufacturing at Carlingswitch Manufacturing (Zhongshan) Co., Ltd. in Zhongshan City, as well as Sanovas, Inc., which recently established the Sanovas Suzhou Venture Fund at the Suzhou Institute of Nanotechnologies and Nanobionics (SINANO) in Suzhou. In order to bolster their trademark defenses, Forge IP has recently obtained additional trademark registrations in an additional class for the house marks of both companies in China.
European Patent No. 2 718 508, relating to “Velocity Control for Hydraulic Control System,” is the first European patent issued by newly formed Forge IP. The patent was obtained on behalf of client Concentric Rockford, a leader in hydraulic gear products, including pumps, motors, power packs and flow dividers for mobile equipment. The patent is directed to a novel mechanism for controlling fluid flow in a hydraulic drive system.
Forge IP maintains relationships with IP professionals in numerous foreign countries, and actively collaborates with these counterparts on a daily basis, to ensure that its clients secure any necessary IP protection around the world.
Forge IP is off to a rapid start in 2018, issuing four patents in the first week of the year. The series of grants started with U.S. Patent No. 9,854,971, directed to a System and Method for Visualization of Ocular Anatomy, obtained on behalf of client Sanovas Inc., a life sciences accelerator that counts RetinalGeniX among the emerging medical device companies it is developing. This was followed by a trio of patents – U.S. Patent No. 9,859,075, directed to a Bottom Venting Circuit Breaker, U.S. Patent No. 9,859,081, directed to a Circuit Breaker with Moveable Terminal Barrier, and U.S. Patent No. 9,859,084, directed to a Remote Operated Circuit Breaker with Manual Reset – obtained on behalf of client Carling Technologies, one of the world’s largest manufacturers of circuit breakers, switches, power distribution units, digital switching systems, and electronic controls.
Forge IP looks forward to continuing to issue many patents on behalf of its clients, both large and small, throughout the upcoming year. Here’s to a successful and exciting 2018!
Canadian Patent No. 2 866 746 is the first Canadian patent issued by newly formed Forge IP, obtained on behalf of its client Sanovas Inc., a life sciences accelerator devoted to developing companies that produce breakthrough medical technologies. Directed to a novel “Resector Balloon System,” the patent is one of a family of patents that have issued in multiple countries directed to Sanovas’s innovative system for non-traumatically removing tumors and other pathologies.
Forge IP regularly works hand in hand with its network of agents around the world to prosecute patents in countless foreign countries to ensure that its clients secure the necessary protections required in today’s global marketplace.
We are excited to announce the opening of Forge IP! Located in Shelton, CT, Forge IP is a law firm specializing in intellectual property, including patents, trademarks, and copyrights, as well as related counseling, licensing, and litigation services. Forge IP brings together a group of individuals who have worked together exclusively in intellectual property for many years, combining decades of collective experience. Aiming to provide top quality legal service at a reasonable cost, Forge IP represents a more streamlined, highly efficient environment to meet the needs of today’s business world.