Cumberland Pharms. Inc. v. Mylan Institutional LLC
Cumberland Pharms. Inc. v. Mylan Institutional LLC, 2016-1155
In an infringement involving a patent which describes and claims acetylcysteine compositions substantially free of chelating agents, the district court’s rejection of defendant’s challenges to validity on two separate grounds — derivation of the claimed invention from someone at the FDA and obviousness — is affirmed where defendant did not prove: 1) that anyone at the FDA conceived of the claimed invention before the patent-named inventor; nor 2) that there was a reasonable expectation that the claimed formulations, without any chelating agents, would succeed.
- Published 2017/01/26
- United States Federal Circuit