A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Noerr-Pennington

The intersection of patent and anti-trust law is tricky. Like, Boston intersection tricky.

"It used to be a cow-path that avoided a snakepit, but now we let cars use it!" Leon Bredella, Unsplash

Judge Williams had an interesting opinion on the issue last week in Jazz Pharms., Inc. v. Avadel CNS Pharms., LLC, C.A. No. 22-941 (D. Del. May 24, 2024), ruling on a motion to dismiss various antitrust counterclaims. In this ANDA case, Jazz sued Avadel for infringing one of its Orange Book patents. Avadel, however, successfully moved the Court to de-list that patent from the Orange Book grounds that it did not claim a method of use (it was instead directed to a risk mitigation …