In Allergan USA, Inc. et al., v. MSN Laboratories Private Ltd., et al., the United States Court of Appeals for the Federal Circuit issued a precedential decision relating to obviousness-type double patenting (“ODP”) and patent-term adjustments.  The Court held that a claim that is first-filed and first-issued, but later-expiring, cannot be found invalid under the ODP doctrine based on a later-filed, later-issued, but earlier-expiring reference claim that shares the same priority date with that of the challenged claim.

On June 10, 2024, Judge Stanley R. Chesler of the United States District Court for the District of New Jersey granted the Amneal defendants’ motion for partial judgment on their counterclaims in a Hatch-Waxman dispute, and ordered the Teva plaintiffs to delist certain inhaler patents from the Orange Book. Teva Branded Pharmaceutical Products R&D, Inc. v. Amneal Pharmaceuticals of New York, LLC, No. 23-cv-20964 (SRC) __ F. Supp. 3d __ (D.N.J. June 10, 2024).