Fed. Circ. Remands Ferring Drug Patent Inventorship Fight

Law360 (November 10, 2020, 8:31 PM EST) -- The Federal Circuit said Tuesday that a New York federal judge was too quick to grant summary judgment in a case where Ferring Pharmaceuticals challenged the inventorship of three patents that an ex-employee sold to Allergan in a $43 million deal in 2010.

While the lower court found that Ferring was barred by equitable estoppel from raising these claims because it engaged in misleading conduct, the Federal Circuit said in a 29-page precedential opinion that further proceedings are required because disputed issues of fact remain, including questions concerning the misleading conduct determination.

"Where the matter adjudged is a quintessentially fact-laden one, such as...

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