On August 13, the Federal Circuit issued a precedential ruling in Allergan v. MSN Laboratories (Case No. 24-1061). This decision reversed the District of Delaware's application of the Federal Circuit precedent in In re:...more
Allergan, Inc. v. Apotex Inc. - Addressing the issue of showing a reasonable expectation of success when making obviousness combinations in the context of broad genus claims, the U.S. Court of Appeals for the Federal...more
In This Issue: • Patent Office Must Prove Prior Art Reference Is Enabling • Complaint Was Adequate Despite Non-Infringing Possibilities • FDA Approval Not Relevant to Obviousness Analysis - Excerpt from...more