U.S. Federal Circuit overturns AIDS drug patent decision

U.S. Federal Circuit overturns AIDS drug patent decision
December 4, 2014
Life Sciences Intellectual Property Review

William C. Baton, a partner in the Life Sciences and Intellectual Property and Technology practices, was quoted about the Federal Circuit's ruling regarding application of the inherency doctrine in a recent pharmaceutical patent case decision.

The case involved a dispute between Par Pharmaceutical and TWi Pharmaceuticals over Par’s patent claims for Megace (Megestrol acetate) and TWi’s application with the FDA to produce a nanosized formulation of Par’s drug. The U.S. District Court for the District of Maryland earlier this year ruled Par’s claims invalid as obvious based upon claims in Par's patent that the court read into the combined prior art as "inherent." Par had argued that the claims were novel and not inherent or obvious based upon the prior art. The U.S. Court of Appeals for the Federal Circuit overturned the district court's decision on December 3, 2014.

Bill explained in this article that the Federal Circuit reversed and remanded the case back to the district court because the lower court at trial had not required TWi to present facts that would support application of the inherency doctrine, the theory upon which the district court had premised its invalidity decision.

Click here to read the story.