Client Alert

Federal Circuit Affirms Summary Judgment of Non-Obviousness and Findings of No Inequitable Conduct In Aciphex Litigations

July 22, 2008

David M. Conca and Quinn E. Clancy

The Federal Circuit issued its opinion yesterday in companion cases Eisai v. Dr. Reddy and Eisai v. Teva following several years of litigation relating to Eisais Aciphex® (rabeprazole sodium) product a billion dollar per year proton pump inhibitor. Writing for the Court, Judge Rader ruled that the trial court Judge Lynch of the U.S. District Court for the Southern District of New York properly granted summary judgment of patent validity after finding the patent not obvious. The Court also affirmed the district courts findings that the patent was enforceable despite allegations by defendants that Eisai had committed inequitable conduct during the patents prosecution.

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