28 July 2008

Eisai patent survives obviousness claim post-KSR

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.

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Eisai patent survives obviousness claim post-KSR

The rest of this article is available to subscribers to Managing IP only.

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