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Purdue Pharma Products L.P. v. Par Pharmaceutical, Inc. (Fed. Cir. 2010)

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

Further Adventures in Obviousness and Inequitable Conduct By Kevin E. Noonan -- In Purdue Pharma Products L.P. v. Par Pharmaceutical, Inc., the Federal Circuit exercised its prerogative to illustrate its fractured jurisprudence on two issues, obviousness and inequitable conduct, in a (fortunately) nonprecedential decision. Contrary to its Congressional mandate to bring jurisprudential consistency to U.S. patent law, on these matters at least the outcome is highly dependent on the constitution of the panel rather than a consistent application of the law. In view of the fact-intensive nature of the issues involved it is perhaps inevitable, but that does little to...

Full post as published by Patent Docs on June 08, 2010 (boomark / email).