February 26, 2019
Authored and Edited by C. Collette Corser; Drew D. Christie; Mark J. Feldstein, Ph.D.
In Mylan Pharmaceuticals Inc. v. Research Corporation Technologies, Inc., Nos. 17-2088, 17-2089, 17-2091 (Fed. Cir. Feb. 1, 2019), the CAFC held that appellants, who had joined the IPR proceeding below under 35 U.S.C. § 315, had standing to appeal but affirmed that Reissued Patent 38,551 was not invalid for obviousness. The court also denied appellants’ alternative request that the case be remanded to the PTAB in light of the Supreme Court’s decision in SAS Institute, Inc. v. Iancu, finding that appellants had waived this request by raising it for the first time in their rebuttal during oral argument. The RE’551 patent is directed to compounds useful in the treatment of epilepsy, including (R)-N-benzyl-2-acetamide-3-methoxypropionamide, marketed as Vimpat®. Further discussion of the decision can be found on Finnegan’s Prosecution First Blog.
Food and Drug Administration (FDA), drugs, United States Court of Appeals for the Federal Circuit (CAFC), Obviousness (35 USC § 103)
Copyright © 2019 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
Workshop
Life Sciences Workshop: Updates and Key Trends in Pharmaceutical and Biotechnology IP Law
May 2, 2024
Cambridge
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.