The Federal Circuit today upheld a post-trial judgment that Andrx literally infringed several claims of a patent covering the blockbuster drug Prilosec, which inhibits production of gastric acid.  The court also affirmed the district court’s findings and conclusions that prior art anticipated several other claims, that one dependent claim failed the "obviousness" test, but that the patentholder did not engage in inequitable conduct or fraud or have unclean hands in prosecuting the Prilosec patent.  One judge dissented in part on the grounds that the district court and majority misapplied the tests for "inherent anticpation" by prior art and obviousness.  In re Omeprazole Patent Litig. (Astra Aktiebolag v. Andrx Pharmaceuticals, Inc.) , Nos. 04-1562, 04-1563 & 1589 (Fed. Cir. Apr. 23, 2007).

Barry Barnett

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