Fed. Circ. Affirms Invalidity Of Tyco Restoril Patent

Law360, San Diego (June 22, 2011, 5:58 PM EDT) -- The Federal Circuit on Wednesday upheld the invalidity of Tyco Healthcare Group LP’s patent covering temazepam formulations for its sleep aid Restoril, which it asserted in an infringement suit against Mutual Pharmaceutical Co. Inc.

The three-judge panel affirmed a New Jersey federal court’s grant of summary judgment to Mutual, now called URL Pharma Inc., after finding two claims of Tyco’s U.S. Patent Number 5,211,954 were invalid due to obviousness.

Tyco, along with Mallinckrodt Inc., lodged the suit in March 2007 in response to Mutual’s filing of...
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