The Federal Circuit issued two patent law decisions today.  In the first, the court reversed a judgment of infringement against the manufacturer of a generic alternative to Pfizer’s Norvasc, which treats hypertension and angina.  After a bench trial, the district court rejected the defendant’s "obviousness" defense, but the Federal Circuit disagreed, holding as a matter of law that obviousness of the invention rendered the patent invalid.  Pfizer, Inc. v. Apotex, Inc., No. 06-1261 (Fed. Cir. Mar. 22, 2007).

The other opinion affirmed a summary judgment in which the district court deemed two patents invalid on grounds of "enablement" and "anticipation".  The patents concerned syringes.  Liebel-Flarsheim Co. v. Medrad, Inc., Nos. 06-1156 & 06-1157 (Fed. Cir. Mar. 22, 2007).

Barry Barnett

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