Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., No. 16-1284 (Fed. Cir. May 1, 2017)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Helsinn Healthcare S.A. (“Helsinn”) is the owner of the four patents -in-suit directed to intravenous formula- tions of palonosetron for reducing or reducing the likel i- hood of chemotherapy -induced nausea and vomiting (“CINV”). Helsinn brought suit against Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries, Ltd. (collectively, “Teva”) alleging that the filing of Teva’s Abbreviated New Drug Application (“ANDA”) constituted an infringement of various claims of those patents.