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ARTICLE · 02 JANUARY 2014

Federal Circuit Invalidates Galderma Differin Patents

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In Galderma Laboratories v. Tolmar, Inc., the Federal Circuit reversed the district court’s findings that the Orange Book-listed patents for Galderma’s Differin® 0.3% gel product were not invalid as obvious.

United StatesIntellectual Property
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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In Galderma Laboratories v. Tolmar, Inc., the Federal Circuit reversed the district court's findings that the Orange Book-listed patents for Galderma's Differin® 0.3% gel product were not invalid as obvious. In so doing, the Federal Circuit took a narrow view of "unexpected results" that Judge Newman warns may "disincentivize" improvement patents in the field of medicine.

The Patents At Issue

The patents at issue were the five Orange Book-listed patents for Galderma's Differin® 0.3% gel product: U.S. Patent No. 7,579,377; U.S. Patent No. 7,737,181; U.S. Patent No. 7,834,060; U.S. Patent No. 7,838,558; and U.S. Patent No. 7,868,044.

The Federal Circuit identified claim 5 of the '558 patent are representative:

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