United States Federal Circuit

In consolidated patent infringement actions brought by a pharmaceutical manufacturer against defendants who filed abbreviated new drug applications (ANDAs) with the FDA to market generic versions of the plaintiff's drug, the district court's judgments of noninfringement are affirmed, where: 1) the defendants' ANDAs sought approval to market the generic form of the drug solely for contraceptive use, and there was no valid patent on the use of the drug for that purpose alone; 2) the FDA-approved label for the drug did not indicate to physicians that the specific use claimed in the patent was safe and effective, so the defendants could not be held liable for infringement of the patent.

Appellate Information

• Decided 04/16/2012
• Published 04/16/2012

Judges

• Bryson

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Peter B. Bensinger, Jr., Mark T. Jansen