An 'Obvious' Ruling In Abilify Composition Patent Case

Law360, New York (May 22, 2012, 6:14 PM EDT) -- In an opinion that referred to a defendant’s obviousness case for a small-molecule drug as “a poster child for impermissible hindsight reasoning,” the U.S. Court of Appeals for the Federal Circuit affirmed a decision of the District Court for the District of New Jersey that upheld the validity of U.S. Patent No. 5,006,528, which provides composition of matter protection for the anti-psychotic agent Abilify (aripiprazole).

The case, decided on May 7, 2012, is Otsuka Pharmaceutical Co. Ltd. v. Sandoz Inc., et al. The ‘528 patent claims...
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