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Duramed Pharmaceuticals, Inc. v. Watson Laboratories, Inc. (Fed. Cir. 2011)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Donald Zuhn -- On Friday, in Duramed Pharmaceuticals, Inc. v. Watson Laboratories, Inc., the Federal Circuit reversed a decision by the District Court for the District of Nevada on summary judgment that the asserted claims of U.S. Patent No. 7,320,969 were nonobvious, determining that the District Court erred in its obviousness analysis. The Federal Circuit also affirmed the District Court's exclusion of expert testimony on prior use, finding that Watson failed to demonstrate that the lower court abused its discretion in excluding the testimony. Plaintiff-Appellee Duramed Pharmaceuticals owns the '969 patent, which is directed to an extended-cycle combined oral...

Full post as published by Patent Docs on March 29, 2011 (boomark / email).