Ortho McNeil Pharmaceutical, Inc.
In KSR v. Teleflex, 550 U.S. ____, 127 S. Ct. 1727 (2007), the U.S. Supreme Court broadened the applicable test in determining whether an invention is “obvious.” As predicted by patent law pundits, the KSR decision was followed by a number of cases in which infringers defended their actions –…
New Judicial Opinions
Patent (‘006 patent) at issue relates to Topiramate, a drug that is distributed by plaintiff Ortho-McNeil Pharmaceutical, Inc. (“plaintiff”) as Topomax. It is a significant epilepsy drug that was formulated during a search for new anti-diabetic drugs. On the other hand, defendant Mylan Laboratories, Inc. and Mylan Pharmaceuticals, Inc. (“defendant”)…
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