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ARTICLE · 03 APRIL 2019

Federal Circuit Patent Update - April 2, 2019

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On appeal, three defendants appealed the judgment that U.S. Patent No. 7,994,364 is not invalid for obviousness or lack of utility.

United StatesIntellectual Property
Arthur Coviello
Arthur Coviello
Richard Goldenberg
Richard Goldenberg
William McElwain
William McElwain
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Precedential Federal Circuit Opinions

1.                  FOREST LABORATORIES, LLC v. SIGMAPHARM LABORATORIES, LLC [OPINION - PRECEDENTIAL] (2017-2369, 2017-2370, 2017-2372, 2017-2373, 2017-2374, 2017-2375, 2017-2376, 2017-2389, 2017-2412, 2017-2436, 2017-2438, 2017-2440, 2017-2441, 03/14/2019) (PROST, DYKE, MOORE)  

Moore, J.  Vacating and remanding the district court's determinations regarding validity and infringement issues.  This appeal involves multiple Abbreviated New Drug Applications (ANDAs) filed with the Food and Drug Administration by companies seeking to market generic versions of Saphris, a drug product administered sublingually (i.e., dissolved under the tongue).  Regarding the validity issue, the Court remanded for the district court to make an express finding regarding one of the defendants' proposed motivations to combine prior art references that allegedly rendered the claims invalid as obvious.  The Court also affirmed the district

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