United States Federal Circuit

In a patent infringement suit concerning the anti-hypertension drug Tarka, and defendant's generic counterpart, judgment for plaintiff is affirmed, where: 1) jurisdiction is proper; 2) there was substantial evidence to support the verdict that obviousness had not been proved by clear and convincing evidence, so the judgment that invalidity had not been proved is proper; 3) the district court did not abuse its discretion in instructing the jury on evidence spoliation; and 4) co-plaintiffs Abbott companies have standing where the district court did not err in finding that said plaintiffs had exclusive rights to the patented product in the United States.

Appellate Information

• Decided 04/21/2014
• Published 04/21/2014

Judges

• NEWMAN

Court

• United States Federal Circuit

Counsel