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Abbott Laboratories v. Sandoz, Inc. (Fed. Cir. 2008)

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

Opposing Federal Circuit Preliminary Injunction Standards in Abbott Laboratories v. Sandoz By Kevin E. Noonan --The Court of Appeals for the Federal Circuit affirmed grant of a preliminary injunction in Abbott Laboratories v. Sandoz on October 21, and also affirmed the District Court's determination that the patents-in-suit were not rendered unenforceable by inequitable conduct during prosecution (although defendant Sandoz will be able to pursue this defense at trial). In coming to both conclusions, the majority decision illustrated nicely the appellate penchant (and prerogative) of deciding where lines are to be drawn when considering equitable issues. Abbott's patents-in-suit, U.S. Patent Nos....

Full post as published by Patent Docs on October 29, 2008 (boomark / email).