OBB Newsletter

  • Enter your e-mail address below to subscribe to the Orange Book Blog newsletter. If a new post is added during the day, you'll receive it by e-mail the next morning.

Enter your email address:

Delivered by FeedBurner




  • Orange Book Blog is published for informational purposes only; it contains no legal advice whatsoever. Publication of Orange Book Blog does not create an attorney-client relationship. Orange Book Blog is Aaron Barkoff's personal website and it is intended for other attorneys. Orange Book Blog is not edited by McAndrews, Held & Malloy, Ltd. ("MHM") or its clients. No part of Orange Book Blog--whether information, commentary, or other--may be attributed to MHM or its clients. MHM represents many companies in the pharmaceutical and biotechnology industries, and therefore Orange Book Blog may occasionally report on news that relates to MHM clients. Orange Book Blog will always strive to be unbiased. All information on Orange Book Blog should be double-checked for its accuracy and current applicability. -- © Aaron F. Barkoff 2006-2017

« Federal Circuit Affirms $16.8 Million Award of Fees to Takeda in Pioglitazone Case | Main | Federal Circuit Affirms Extension of 30-Month Stay Against Teva's Generic Evista »

December 15, 2008


Dan Feigelson

Wow. CAFC says an enantiomeric salt is both novel and non-obvious over Sanofi's over earlier disclosure of the racemate that included statements that the claims includes the salts in enantiomeric form. And it appears the district court's injunction is still in place. Nice to see that, even in the wake of KSR, eBay and the rest, a pharma patent can still be worth something. I especially like how this panel distinguished over KSR, noting that KSR dealt with a mechanical device in which the combination of familiar elements led to a predictable result, whereas here the separation of enantiomers led to an unpredicatable result.

And Irving Kayton will be able to point to this case in support of his "don't identify any embodiments as 'preferred'" approach.

Micheline AYOUB


The link to the opinion on the decision takes to the decision itself!

Thank you

Micheline Ayoub

The comments to this entry are closed.