United States Federal Circuit
The Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc., 08-1404
In a patent infringement action involving an osteoporosis drug, district court judgment against defendant is affirmed where: 1) defendant did not establish prima facie case of obviousness in regards to the challenged claims of the patent, as a person having ordinary skill in the art would not have had reason to make the drug based on the prior art and there could have been no reasonable expectation as to the drug's success; 2) plaintiff introduced sufficient evidence of unexpected results to rebut any finding of obviousness; and 3) defendant failed to present clear and convincing evidence of overlap between the claims of the two patents to invalidate the challenged patent based on obviousness-type double patenting.
Appellate Information
- Decided 05/13/2009
- Published 05/13/2009
Judges
Court
- United States Federal Circuit