Novo Diabetes Drug Patent Is Obvious, Fed. Circ. Rules

Law360, New York (June 18, 2013, 6:19 PM ET) -- The Federal Circuit on Tuesday affirmed a lower court's ruling that a patent covering Novo Nordisk A/S' diabetes treatment Prandin is invalid as obvious, handing a victory to generics makers Caraco Pharmaceutical Laboratories Ltd. and Paddock Laboratories Inc.

While the appeals court reversed the lower court's finding finding that Novo's patent is unenforceable because of inequitable conduct, it found that Caraco had proven by clear and convincing evidence that it would have been obvious to combine two drugs to arrive at Novo's patented invention.

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