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Expert Analysis

Gilead And Potential Unforeseen Consequences: Part 1

Law360, New York (August 25, 2014, 9:58 AM EDT) -- Many in the patent community, particularly in the pharmaceutical industry, were surprised when the Federal Circuit issued its April opinion in Gilead Sciences Inc. v. Natco Pharma Ltd., No. 2013-1418 (Fed. Cir. Apr. 22, 2014). The decision vacated and remanded that of the district court and held that plaintiff Gilead's earlier-issued (but later-expiring) '483 patent could be invalidated for obviousness-type double-patenting in view of Gilead's later-issued (but earlier-expiring) '375 patent. Slip Op. at 2-3....

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