United States Federal Circuit
Alcon Research, LTD. v. Apotex Inc., http://www.cafc.uscourts.gov/images/stories/opinions-orders/11-1455.pdf
READ
In a suit for infringement of a patent related to an anti-allergy eye drop, district court's judgment is reversed in part and affirmed in part where: 1) the district court incorrectly held that the claims at issue would not have been obvious over a prior art as defendant has established by clear and convincing evidence that the claims would have been obvious to one of ordinary skill in the art over the prior art, which discloses every limitation of these claims except that the formulation can be used to treat eye allergies in humans; but 2) the district court correctly held that the remaining claims regarding the concentration level of the formulation would not have been obvious
Appellate Information
- Decided 08/08/2012
- Published 08/08/2012
Judges
- Moore
Court
- United States Federal Circuit