United States Federal Circuit

A judgment permanently enjoining defendant from infringing a patent claiming the anticonvulsive drug topiramate and resetting the approval date for defendant's Abbreviated New Drug Application (ANDA) is affirmed where the district court: 1) correctly ruled on claim construction, inequitable conduct, obviousness, and enablement; and 2) it did not err in resetting the effective date of the ANDA under 35 U.S.C. section 271(e)(4)(A).

Appellate Information

• Decided 03/31/2008
• Published 03/31/2008

Judges

• RADER, Circuit Judge., Before MICHEL, Chief Judge, RADER and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Harry J. Roper, Jenner & Block LLP, of Chicago, Illinois, argued for plaintiff-appellee.   With him on the brief were Aaron A. Barlow and Eric L. Lohrenz, of Chicago, Illinois, and Marc A. Goldman, of Washington, DC., David J. Harth, Heller Ehrman LLP, of Madison, Wisconsin, argued for defendants-appellants.   With him on the brief were Randy J. Kozel, of Madison, Wisconsin, and Shannon M. Bloodworth, of Washington, DC.