Federal Circuit Axes Drug Patent For Inequitable Conduct

Law360, New York (February 15, 2006, 12:00 AM EST) -- Attorneys for Dutch drug manufacturer Ferring B.V. misled patent examiners while securing a diabetes treatment patent, according to a ruling Wednesday from the U.S. Court of Appeals for the Federal Circuit in favor of defendant Barr Laboratories Inc.

The court found that Ferring’s patent prosecutors failed to fully disclose the relationship between the drug’s European inventors and the experts who defended the nonobviousness of the new drug when the U.S. Patent and Trademark Office questioned their prior art.

Barr was sued in December 2002 by Ferring...
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