Analysis

Drug Cos. May Rethink Patent Strategy After Fed. Circ. Ruling

Law360 (November 13, 2019, 8:48 PM EST) -- A recent Federal Circuit ruling could reinvigorate certain types of challenges to pharmaceutical patents and force drugmakers to rethink the way they go about protecting some inventions, attorneys say.

The court late last month invalidated an Idenix hepatitis C treatment patent, upholding a Delaware federal judge's decision that the patent didn't adequately explain how to make the treatment. The court also said the patent lacked a sufficient written description.

The ruling was notable in that it affirmed a decision to overturn a jury verdict requiring Gilead to pay over $2.5 billion for infringement — the largest patent verdict in U.S. history....

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