United States Federal Circuit

In plaintiffs' suit against generic drug producers for infringement of a patent related to a drug used for controlling cholesterol and for treatment of atherosclerosis, district court's ruling that the patent is valid, enforceable, and infringed is affirmed where: 1) the district court correctly held that patent invalidity on the ground of obviousness had not been shown for the compound rosuvastain; 2) unenforceability based on inequitable conduct was not established; 3) the district court correctly found that reissue was available, and that the scope of the reissue was in accordance with law; and 4) the district court did not err in holding that Apotex U.S. is properly named as a defendant in this action.

Appellate Information

• Decided 12/14/2012
• Published 12/14/2012

Judges

• Newman

Court

• United States Federal Circuit

Counsel