Inequitable conduct dooms drug patents

Description

Abstract: A drug company holding two pharmaceutical patents on a chemotherapy cancer drug sued three other companies for infringement when they applied for FDA approval to market generic versions. But the district court ruled that the patents were unenforceable for inequitable conduct because the inventor intentionally withheld from the PTO two prior art references that were material to the drug’s patentability. It also held that the patents were invalid for obviousness. This article explains why this verdict survived on appeal, along with the lessons to be learned. Citation: Aventis Pharma S.A. v. Hospira, Inc., No. 2011-1018, April 9, 2012 (Fed. Cir.); Therasense, Inc. v. Becton, Dickinson Co., 2008-1511, -1512, -1513, -1514, -1595, May 25, 2011 (Fed. Cir.)