United States Federal Circuit

In plaintiff's suit for patent infringement and injunctive relief, judgment for plaintiff is affirmed where: 1) defendants failed to rebut the presumption of validity of issued patents; 2) plaintiff 's patents were not invalid as obvious under 35 USC 103 (despite the erroneous admission of a reference author's declaration, which was deemed harmless); 3) one of plaintiff 's patents was not invalid for lack of written description; 4) plaintiff 's patents were infringed by defendants' Abbreviated New Drug Application (ANDA) filings under the doctrine of equivalents; and 5) as a result, defendants are enjoined from making, using, importing, selling or offering to sell their generic products in the U.S.

Appellate Information

• Decided 09/28/2012
• Published 09/28/2012

Judges

• WALLACH

Court

• United States Federal Circuit

Counsel