United States Federal Circuit
Cephalon, Inc. v. Watson Pharmaceuticals, Inc., 11-1325
Judgment for defendant in patent infringement suit is: 1) affirmed in part where the district court did not clearly err in finding that defendant's Abbreviated New Drug Application for a generic version of Fentora did not infringe on plaintiffs' patents related to a method of drug delivery; but 2) reversed in part on the finding that plaintiff's asserted patents were invalid for lack of enablement because defendant failed as a matter of law to show with clear and convincing evidence that plaintiff's patents require undue experimentation to practice the invention.
Appellate Information
- Decided 02/14/2013
- Published 02/14/2013
Judges
- WALLACH
Court
- United States Federal Circuit