Fed. Circ. Affirms Warner Chilcott's Actonel Patents Invalid

By Aaron Vehling (November 18, 2014, 5:09 PM EST) -- The Federal Circuit on Tuesday ruled that two patents for Warner Chilcott Co. LLC's osteoporosis drug Actonel were invalid as obvious, affirming a lower court decision in favor of generic-drug makers such as Teva Pharmaceuticals USA Inc. in a consolidated infringement suit filed by Warner Chilcott and Hoffmann-La Roche Inc.

The appellate panel ruled that a Delaware federal judge was correct to find that the Actonel patents were invalid because prior art discloses all the elements of the described treatment of once-a-month 150 mg risedronate sodium tablets, and that the brand-name drug makers had not shown enough evidence to survive summary...

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