Law360 (February 9, 2011, 7:02 PM EST) -- Eli Lilly & Co. has petitioned the U.S. Supreme Court to review the Federal Circuit's ruling that the drugmaker's patent for cancer treatment Gemzar was invalid for double patenting, saying the appeals court wrongly applied an entirely new standard.
The U.S. Court of Appeals for the Federal Circuit created a new “bright-line” rule that invalidated a subsequent patent on a nonobvious, newly discovered use of a basic invention solely because it was disclosed, not claimed, in the final text of the earlier basic patent, according to Lilly's Jan. 28 petition for writ of certiorari made public Wednesday.
In doing so, the...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!