Fed. Circ. Tosses 'Unusual' Appeal On Menopause Drug IP
By Britain Eakin (April 20, 2021, 10:59 PM EDT) -- The Federal Circuit on Tuesday dismissed an "unusual" appeal from drugmaker Sebela Ireland Ltd., which sought affirmation of a district court decision that claims in two patents covering its menopause drug are obvious, while at the same time asking the appellate court not to weigh in on written description and utility issues.
The three-judge panel said in its nonprecedential decision that, while a New Jersey federal judge briefly addressed written description and utility, she didn't do so conclusively. Since Sebela isn't trying to overturn the obviousness ruling, and there are no alternative holdings to the district court's obviousness decision, the panel...
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!