Blocking Patents May Minimize Probative Value of Blockbuster Sales in Obviousness Analysis

Last week, Federal Circuit Judge William Bryson, sitting by designation in the Eastern District of Texas, held that the claims of four of the six Orange Book-listed patents for Restasis® were invalid.  In reaching this decision, Judge Bryson discounted the extensive sales revenues of Restasis® offered by Allergan to demonstrate commercial success.  Allergan, et al. […]

Federal Circuit Affirms Invalidity of OxyContin® Patents[1]: The Low ABUK Patents

Yesterday, the Federal Circuit affirmed a decision from the Southern District of New York that four patents listed in the Orange Book for OxyContin® are invalid as anticipated and obvious in Purdue Pharma, L.P. v. Teva Pharmaceuticals USA, Inc.  This decision addressed two groups of patents:  three product-by-process patents directed to oxycodone API, and a […]