- Acumen Powered by Robins Kaplan LLP®
- Affirmative Recovery
- American Indian Law and Policy
- Antitrust and Trade Regulation
- Appellate Advocacy and Guidance
- Business Litigation
- Civil Rights and Police Misconduct
- Class Action Litigation
- Commercial/Project Finance and Real Estate
- Corporate Governance and Special Situations
- Corporate Restructuring and Bankruptcy
- Domestic and International Arbitration
- Entertainment and Media Litigation
- Health Care Litigation
- Insurance and Catastrophic Loss
- Intellectual Property and Technology Litigation
- Mass Tort Attorneys
- Medical Malpractice Attorneys
- Personal Injury Attorneys
- Telecommunications Litigation and Arbitration
- Wealth Planning, Administration, and Fiduciary Disputes
Acumen Powered by Robins Kaplan LLP®
Ediscovery, Applied Science and Economics, and Litigation Support Solutions
-
April 23, 2024David Martinez Recognized Among Top 100 Lawyers in Los Angeles by LA Business Journal
-
April 15, 2024Robins Kaplan Named to 2024 BTI Client Service A-Team
-
April 9, 2024Robins Kaplan LLP Files Complaint Against Social Media Giants Meta, Snap, TikTok on Behalf of Spirit Lake Nation, Menominee Indian Tribe of Wisconsin
-
April 30, 2024Navigating Generational Dynamics
-
May 2-3, 2024ACI Advanced Forum on Managed Care Disputes and Litigation
-
May 6, 2024Litigating with the Legends
-
March 2024e-Commerce: Pitfalls and Protections
-
March 22, 2024‘In re Cellect’:
-
March 14, 2024How Many Cases Have You Tried to a Verdict?
-
September 16, 2022Uber Company Systems Compromised by Widespread Cyber Hack
-
September 15, 2022US Averts Rail Workers Strike With Last-Minute Tentative Deal
-
September 14, 2022Hotter-Than-Expected August Inflation Prompts Massive Wall Street Selloff
Find additional firm contact information for press inquiries.
Find resources to help navigate legal and business complexities.
Warner Chilcott Co., LLC v. Teva Pharms. USA, Inc.
One of skill in the art would be motivated to obtain the logical goal of a drug to have bioavailability that is affected by coadministration with food.
April 07, 2016
Case Name: Warner Chilcott Co., LLC v. Teva Pharms. USA, Inc., 2015-1588, 2016 U.S. App. LEXIS 4945 (Fed. Cir. March 18, 2016) (Circuit Judges Lourie, Dyk, and Hughes presiding; Opinion by Lourie, J.) (Appeal from D.N.J., Chesler, J.)
Drug Product and Patent(s)-in-Suit: Atelvia® (risedronate); U.S. Patents Nos. 7,645,459 (“the ’459 patent”) and 7,645,460 (“the ’460 patent”)
Nature of the Case and Issue(s) Presented: The sole issue on appeal was whether one of skill in the art would be motivated to utilize a certain dosage that achieved similar absorption whether the patient was fed or fasting. Warner Chilcott argued that the term “pharmaceutically effective absorption” required that absorption in fed or fast state be similar, not that absorption be effective in either state.
Teva argued that the claims did not require that the absorption be the same in both states, but that, nevertheless, the prior art taught a formulation that would result in similar absorption rates in both states. Teva argued that one of skill would be motivated to obtain this result as providing logical benefits in administration of the drug to a patient. The district court agreed and the Federal Circuit affirmed.
Why Teva Prevailed: The Federal Circuit affirmed the district court’s finding of invalidity as to the asserted patents because the claims were not as narrow as proposed by Warner Chilcott. In particular, the Federal Circuit rejected the argument that the claims required the absorption rate to be the same or similar in both states, finding that the claim term required the composition to be such as to obtain “pharmaceutically effective absorption.” Moreover, the Federal Circuit agreed with the district court’s finding that one of skill would have been motivated to obtain this goal of similar absorption, and would have a reasonable expectation of success based on the prior art references in the record.
Related Publications
Related News
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.