United States Federal Circuit

In a patent infringement suit involving claims for certain tetrahydrobenzthiazole compounds for treatment of signs and symptoms of idiopathic Parkinson's disease, district court's judgment of invalidity is reversed and remanded where: 1) plaintiff's terminal disclaimer cannot overcome obviousness-type double patenting based on the '086 patent because the terminal disclaimer was filed after the expiration of the '086 patent; but 2) the district court incorrectly concluded that the safe-harbor provision of 35 U.S.C. section 121 is inapplicable in this case.

Appellate Information

• Decided 01/25/2010
• Published 01/25/2010

Judges

Court

• United States Federal Circuit

Counsel