Fed. Circ. Ruling Takes 'Blocking Patents' To New Places

Law360 (September 18, 2018, 7:07 PM EDT) -- The Federal Circuit's recent ruling invalidating patents on Acorda Therapeutics Inc.'s multiple sclerosis drug Ampyra could expand the impact of so-called blocking patents and may make it easier to show an invention is obvious, attorneys say.

The appeals court, in a 2-1 ruling last week, upheld a Delaware federal judge's ruling that four Acorda patents, which covered the administration of a medication to improve the walking of people with multiple sclerosis, would have been obvious at the time of the invention.

In reaching that conclusion, the court held that evidence of Ampyra's commercial success — the drug had $1.7 billion in...

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