On August 13, 2024, the U.S. Court of Appeals for the Federal
Circuit (the Court) decided Allergan USA, Inc. v. MSN
Laboratories Private Ltd., C.A. No. 2024-1061, finding that a
first-filed, first-issued, later-expired claim cannot be
invalidated by a later-filed, later-issued, earlier-expiring
reference claim having a common priority date.
Allergan involved U.S. Patent No. 7,741,356 (the
'356 patent), the first-ever patent to cover eluxadoline, which
was filed on March 14, 2005, issued on June 22, 2010, and was
awarded 1,107 days of Patent Term Adjustment (PTA). The '356
patent was assigned to Janssen, who disclaimed all but 467 days of
PTA during the application for patent term extension.
