Eisai patent survives obviousness claim post-KSR
28 July 2008
Eileen McDermott, New York
The US Court of Appeals for the Federal Circuit has upheld Japanese pharmaceutical company Eisai’s patent for heartburn and acid reflux drug Aciphex, a ruling which suggests that chemical compound patents are standing up to obviousness claims post-KSR v Teleflex
Eisai filed patent infringement suits in the US District Court for the Southern District of New York against Teva Pharmaceutical Industries and Dr Reddy's Laboratories in November 2003.
The suits were Eisai's response to the two generic drugs companies' applications for abbreviated new drug applications (ANDAs) to manufacture generic versions of Aciphex prior to the patent's expiration date.
Both Teva and Dr Reddy's argued that Eisai's patent was unenforceable for inequitable conduct, but Teva went further in asserting that the patent was invalid for obviousness.
In October 2006, Judge Gerard Lynch granted partial summary judgment to Eisai, upholding the validity of the Aciphex composition of matter patent. In May 2007, he also determined that the patent was...
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