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Amneal Tells Fed Circ. Endo Played With Numbers In Patent

Law360, New York (June 14, 2016, 11:13 PM EDT) -- Amneal Pharmaceuticals LLC renewed its push Monday to persuade the Federal Circuit to reverse a Patent Trial and Appeal Board ruling that prior art didn’t make Endo Pharmaceuticals Inc.’s patents for the painkiller Opana ER obvious, saying the board got sidetracked in failing to find the claims unpatentable.

The generics maker told the appeals court in a reply brief that one cannot gain patent rights by simply stating prior art subject matter in relation to a different unit of measurement that was not used in prior art.

Specifically, Amneal said Endo has ignored the fundamental test for patentability in arguing that...

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