Justices Told Horizon's IP Loss 'Casts A Pall' On 32K Patents

Law360 (July 30, 2020, 9:47 PM EDT) -- Horizon is urging the U.S. Supreme Court to take up its appeal of a divided Federal Circuit decision that struck down part of its patented arthritis drug Pennsaid, saying the ruling "casts a pall of uncertainty" over the validity of tens of thousands of patents with similar phrasing.

In a July 24 petition for a writ of certiorari docketed Wednesday, Horizon told the justices that the Federal Circuit erred in upholding a New Jersey federal court's decision that several claims in Horizon's patents for Pennsaid were invalid for being indefinite. The appeals court had ruled that when a patent claim uses the phrase "consisting...

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