Federal Circuit Affirms Pepcid Patent's Invalidity

Law360, New York (April 15, 2008, 12:00 AM EDT) -- A federal appellate court has affirmed a lower court ruling finding a patent for Johnson & Johnson and Merck & Co.’s popular over-the-counter heartburn drug Pepcid Complete invalid.

The U.S. Court of Appeal for the Federal Circuit affirmed the district court decision on Monday without comment, upholding the finding that a patent used in the formulation of Pepcid is invalid due to obviousness.

In June 2007, Judge William H. Pauley III of the U.S. District Court for the Southern District of New York ruled that an...
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