United States Federal Circuit

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Cumberland Pharms. Inc. v. Mylan Institutional LLC, 2016-1155

In an infringement involving a patent which describes and claims acetylcysteine compositions substantially free of chelating agents, the district court's rejection of defendant's challenges to validity on two separate grounds -- derivation of the claimed invention from someone at the FDA and obviousness -- is affirmed where defendant did not prove: 1) that anyone at the FDA conceived of the claimed invention before the patent-named inventor; nor 2) that there was a reasonable expectation that the claimed formulations, without any chelating agents, would succeed.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/01/26




  • United States Federal Circuit


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