TORPHARM INC. v. RANBAXY PHARMS., INC., 02-1590
The grant of summary judgment invalidating plaintiff's patent based on obviousness is reversed because, despite plaintiff's assertion of improved Form 1 ranitidine's novelty during prosecution of a patent on a process for making the drug ranitidine, the lack of novelty of the product does not by itself establish that the process for making it is obvious.
- Decided 07/23/2003
- Published 07/23/2003
CLEVENGER, Circuit Judge., Before NEWMAN, CLEVENGER, and GAJARSA, Circuit Judges.
United States Federal Circuit
Scott B. Feder,Lord, Bissell & Brook, of Chicago, IL, argued for plaintiff-appellant. With him on the brief was L. Anthony Lehr.
Darrell L. Olson, Knobbe, Martens, Olson & Bear, LLP, of Irvine, CA, argued for defendants-appellees. With him on the brief were Joseph M. Reisman, William R. Zimmerman, and Johnfar Kerlee.