Fed. Circ. Won't Rethink Ruling Invalidating 2 Vimovo Patents

By Matthew Bultman (July 30, 2019, 7:46 PM EDT) -- The full Federal Circuit said Tuesday it would not reconsider a May ruling that invalidated two patents on Horizon Pharma's pain reliever Vimovo, leaving in place a decision the drugmaker argued upended years of the court's own precedent.

The court denied a request for an en banc rehearing brought by Horizon Pharma Inc. and its partner, Nuvo Pharmaceuticals Inc., after a three-judge panel found the patents failed to satisfy written description requirements. The companies said the ruling will harm innovation and "imperils numerous patents."

"We are disappointed by the court of appeals' decision today, but remain undeterred in our efforts to...

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