Cephalon Urges Fed. Circ. To Revive Fentora Patents

Law360, Washington (November 6, 2012, 7:03 PM EST) -- Cephalon Inc. on Tuesday urged the Federal Circuit to reinstate two patents covering painkiller Fentora that were invalidated in an infringement dispute with Watson Pharmaceuticals Inc., claiming that despite the lower court's ruling, the patents do disclose enough information to allow someone skilled in the art to replicate the treatment.

Although a Delaware federal judge tossed Cephalon's patents under the enablement requirement, which mandates that patent specifications describe the invention in a way that it could be replicated by another skilled in the art, Cephalon asserted...
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