Fed. Circ. Affirms PTAB Nix Of Depomed Drug-Release Patent

Law360, New York (February 21, 2017, 8:13 PM EST) -- The Federal Circuit on Tuesday affirmed the U.S. Patent and Trial Appeal Board’s decision in an America Invents Act inter partes review that Depomed's patent on extended-release drug technology is invalid as obvious, saying the board’s conclusion is backed by substantial evidence.

In a 17-page opinion, the panel held that the PTAB was correct to hold that a number of claims of Depomed Inc.’s U.S. Patent Number 6,723,340 are obvious in light of prior art and to give little weight to Depomed's argument that they could not be obvious because the patent was unexpected and filled a long-felt industry need....

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