直 Japanese PDF Font
  • 我们的专业人员
  • 服务
  • 我们的见解
  • 办公室
  • 事务所
  • 人才招聘
Finnegan
  • 新闻
  • 飞翰事实
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • 慈善性法律援助
  • 管理层
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

James R. Barney

Patent Claims Ruling for Wyeth Sticks in Effexor® Suit

July 16, 2010

Law360

A federal judge has denied a bid by Sandoz Inc. for an interlocutory appeal of a claims construction ruling that resulted in partial summary judgment for Wyeth in its patent infringement suit over a proposed generic version of depression and anxiety drug Effexor®. Judge James C. Denver III of the U.S. District Court for the Eastern District of North Carolina ruled Wednesday that Sandoz failed to meet the standard necessary for an interlocutory appeal. In March, Sandoz asked Judge Denver to immediately certify his order granting summary judgment to Wyeth for an interlocutory appeal, saying that seven different courts have examined Wyeth's patent claims and come to different conclusions on how they should be constructed. In denying the motion for appeal, Judge Denver found that many more courts had adopted the broader construction of the term ‘extended release formulation’, so “no substantial ground for difference of opinion exists as to whether 'extended release formulation' is limited to specific ingredients,” such that an interlocutory appeal was warranted. The judge also ruled that because the issues raised by Sandoz were not controlling questions of law, an interlocutory appeal would not materially advance the litigation. Wyeth is represented by Finnegan.

Related News

Press Release

Finnegan Secures Summary Determination of No Violation in ITC Vehicle Space Guards Investigation for Drop Stop

October 6, 2026

Award/Ranking

Finnegan Named an IP Litigation Powerhouse in BTI Litigation Outlook 2027

September 24, 2026

Press Release

Finnegan Secures Precedential Pro Bono Federal Circuit Victory for AI Whistleblower

September 23, 2026

Award/Ranking

Finnegan Receives Top Tier Rankings in World Trademark Review’s Inaugural Copyright 1000 2026

September 23, 2026

Commentary

Jellycat’s ‘Dupe’ Dilemma: Can IP Protect a ‘Cute’ Aesthetic?

September 16, 2026

Award/Ranking

Finnegan Wins “Hatch-Waxman Litigation Firm of the Year – Branded” and David Weingarten Wins “Patent Strategy Attorney of the Year (South)” at the LMG Life Sciences Americas Awards

September 11, 2026

Commentary

Bloomberg Law Q&A with Finnegan IP Lawyer Christian Hurt

September 11, 2026

Commentary

Uncrustables Fame Ruling Sets Up Functionality Fight Over Crimped Edge

September 11, 2026

Commentary

Finnegan Joins Growing Wave of Firms Moving into Texas

September 4, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • 隐私
  • 免责申明
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP