Blawgletter has never hidden our enchantment with patent law. Just today, the Federal Circuit made our heart beat faster yet again. It held, 2-1, a patent invalid but possibly enforceable. What joy!
Phrases like "obviousness-type double patenting" and "unenforceable based on inequitable conduct" may prompt a scratching-of-the-head in others, but they have no such affect on Blawgletter. Not that we can penetrate their meaning. We just love the way they sound.
So, anyways, the court affirmed a summary judgment of invalidity with respect to one patent (for a drug that treats angina, hypertension, and congestive heart failure) but reversed a summary judgment of unenforceability as to that patent and one other. In re Metoprolol Succinate Patent Litig. (AstraZeneca AB v. KV Pharmaceutical Co.), No. 06-1254 (Fed. Cir. July 23, 2007).
Barry Barnett
