United States Federal Circuit

The district court's decision holding that claim 4 of plaintiff's patent ('358 patent) involving pharmaceuticals used in the treatment of Type II diabetes, was invalid as obvious and that the '358 patent was unenforceable due to inequitable conduct is: 1) affirmed in part, where district court correctly concluded that claim 4 of the '358 patent is invalid as obvious; and 2) reversed in part, as to the finding of inequitable conduct, where the challenged omissions and representations submitted in the Sturis and Bork declarations were not material.

Appellate Information

• Decided 06/18/2013
• Published 06/18/2013

Judges

• PROST

Court

• United States Federal Circuit

Counsel