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Roche Palo Alto LLC v. Apotex, Inc. (Fed. Cir. 2008)

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

By Donald Zuhn -- The Federal Circuit today affirmed a finding on summary judgment by the District Court for the Northern District of California that U.S. Patent No. 5,110,493, which is owned by Plaintiffs-Appellees Roche Palo Alto LLC and Allergan, Inc. (Roche), is valid and infringed by Defendants-Appellants Apotex, Inc. and Apotex Corp. (Apotex). In affirming the District Court's determination of validity and infringement, the Federal Circuit concluded that the lower court did err in holding that the reverse doctrine of equivalents is inapplicable or that Apotex's defenses of invalidity and unenforceability were barred by claim preclusion. The '493 patent...

Full post as published by Patent Docs on July 10, 2008 (boomark / email).