Federal Circuit Ruling Could Put Certain Drug Patents At Risk

Bloomberg Law writes, “A recent Federal Circuit decision involving an opioid pain medication could leave certain pharmaceutical patents vulnerable to challenges by generic drug makers, attorneys say.

Claims in two Zohydro ER patents were obvious, and a district court correctly found that characteristics of those claims not explicitly disclosed in earlier documents would inevitably be present, or inherent, the appeals court said.”

Director Pauline M. Pelletier was quoted in the article “Federal Circuit Ruling Could Put Certain Drug Patents At Risk” about the Federal Circuit decision in Persion Pharmaceuticals LLC v. Alvogen Malta Operations Ltd.