November 22, 2017
Authored and Edited by Nathan I. North; Shana K. Cyr, Ph.D.
In Sanofi v. Watson Laboratories Inc., 875 F.3d 636 (Fed. Cir. 2017), the CAFC affirmed the district court’s decision that Sanofi’s patents for the drug Multaq® (dronedarone) were infringed and not obvious. The CAFC held that the accused drugs’ labels would “encourage” administration of the drug to certain patients, inducing infringement of Sanofi’s method patent. The CAFC also held that the district court did not clearly err in finding there was no reasonable expectation of success in achieving the claimed method. Further discussion of the decision can be found on Finnegan’s Federal Circuit IP Blog.
United States Court of Appeals for the Federal Circuit (CAFC), drugs, infringement, Obviousness (35 USC § 103), Food and Drug Administration (FDA)
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