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Expert Analysis

Secondary Considerations For Pharma Patents Get 2nd Look

Law360, New York (November 6, 2014, 10:27 AM EST) -- In the years since the U.S. Supreme Court's landmark KSR decision redefining the standard for invalidating a patent on obviousness grounds, life sciences companies have become accustomed to fighting an uphill battle in defending the validity of their so-called "secondary" or "follow on" patents in Hatch-Waxman litigation. These patents typically are not directed to an original drug compound but instead to new formulations, dose regimens or, in some cases, new indications for a known drug....

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