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Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2009)

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

By Donald Zuhn -- The Federal Circuit today affirmed a determination by the District Court for the District of Delaware that U.S. Patent No. 5,583,122 was not invalid as obvious nor invalid for obviousness-type double patenting. The '122 patent, which is owned by Plaintiff-Appellee Procter & Gamble Co. (P&G), relates to the compound risedronate, which is the active ingredient in P&G?s osteoporosis drug Actonel®. Risedronate is a member of a class of compounds known as bisphosphonates, which are active in inhibiting bone resorption. After Defendant-Appellant Teva Pharmaceuticals USA, Inc. notified P&G of its intent to market a generic version of...

Full post as published by Patent Docs on May 14, 2009 (boomark / email).