February 17, 2006

It was announced yesterday that AstraZeneca PLC has filed its Notice of Appeal of a January 17, 2006 ruling that two of its patents were invalid and unenforceable. Judge Sippel of U.S. District Court for the Eastern District of Missouri granted summary judgment against AstraZeneca on two grounds: (1) the patents were invalid for anticipation and double-patenting grounds, and (2) inequitable conduct regarding, at least in part, an inventorship dispute during prosecution. These two Patents (U.S. Patent Nos. 5,081,154 and 5,001,161) cover TOPROL-XL® (metroprolol succinate, extended release tablets), both originally set to expire on September 17, 2007. Andrx Pharmaceutals LLC, Andrx Corporation, Eon Labs Manufacturing, Inc., and KV Pharmaceutical Company were individual defendants prior to the consolidation of the cases. The original opinion contains case law and analysis regarding double patenting, terminal disclaimers, and inequitable conduct regarding inventorship disputes.

AstraZeneca's Press Release: LINK
U.S. Patent No. 5,001,161: LINK
U.S. Patent No. 5,081,154: LINK


Post a Comment

WIPO Press Releases

WIPO General News

Patent References

Click HERE to search issued U.S. Patents

Click HERE to search published U.S. Patent Applications

Click HERE to browse the MPEP (E8r6 in HTML and PDF, and E8r7 in PDF)

Click HERE to search patent assignments recorded with the USPTO

Click HERE to search Title 37 of the Code of Federal Regulations (rev. 7/1/08)

Click HERE to browse Title 35 of the U.S. Code

Click HERE to view current USPTO fees


Copyright 2006-2010, Mark Reichel. The Daily Dose of IP is my personal website, and I am not providing any legal advice or financial analysis. Any views expressed herein should not be viewed as being the views of my employer, Ice Miller LLP. Any comments submitted to this blog will not be held in confidence and will not be considered as establishing an attorney-client relationship. Information submitted to this blog should be considered as being public information, and the submitter takes full responsibility for any consequences of any information submitted. No claims, promises, or guarantees are made or available regarding the completeness or accuracy of the information contained in this blog or otherwise available by searching from or linking away from this blog.

EPO Updates

Trademark References

Click HERE to search issued and pending U.S. Trademarks

Click HERE to search TTAB proceedings (via TTABVUE)

Click HERE to search trademark assignments recorded with the USPTO

The DDIP Author

Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

Click HERE to view my full professional bio at Reichel IP LLC.


Click HERE to join the e-mail list for my blog

Click HERE to provide feedback on the DDIP blog

Fellow Blogs/Bloggers

AwakenIP (Kuester)
Counterfeit Chic (Scafidi)
I/P Updates (Heinze)
Internet Cases (Brown)
Likelihood of Confusion (Coleman)
Patent Baristas (Albainy-Jenei)
Patent Docs (Zuhn et al.)
Patently-O (Crouch)
The 271 Patent Blog (Zura)
The Ice Loop (Ice Miller LLP)
The Indiana Law Blog (Oddi)
The Invent Blog (Nipper)
The Patent Prospector (Odom)
The TTABlog (Welch)