United States Federal Circuit
King Pharm. Inc. v. Eon Labs, Inc., 09-1437
In plaintiff's patent infringement suit under the Hatch-Waxman Act, related to a name brand muscle relaxant used to treat "discomforts associated with acute, painful musculosketal conditions", judgment of the district court is affirmed in part, vacated in part and remanded where: 1) although the district court erred in invalidating several of the claims as unpatentable under section 101, all the claims of the '128 and '102 patents are ultimately anticipated under 35 U.S.C. section 102 or obvious under section 103 in light of the prior art; and 2) district court erred in entering a judgment of invalidity against Elan because no case or controversy currently exists between Elan and defendant.
Appellate Information
- Decided 08/02/2010
- Published 08/02/2010
Judges
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Gregory A. Castanias, Martin B. Pavane