United States Federal Circuit

In an infringement action involving an obviousness-type double-patenting issue between drug manufacturers involving a patent that disclosed and claimed compounds, compositions, and methods of use regarding the treatment of pain and inflammation without the harmful side effects associated with certain traditional anti-inflammatory drugs, the district court's finding of patent invalidity against plaintiff is affirmed where the safe harbor provision of 35 U.S.C. section 121 does not apply to the patent, even assuming it was proper to grant the reissue patent under 35 U.S.C. section 251.

Appellate Information

• Decided 06/23/2015
• Published 06/23/2015

Judges

• BRYSON,

Court

• United States Federal Circuit

Counsel