Astellas’ Myrbetriq ER Patent Revived as Fed. Cir. Chides Judge

The Federal Circuit vacated a decision axing an Astellas Pharma Inc. drug patent based on an argument not presented at trial and chastised the federal judge in Delaware who issued it.

“By rendering its decision on a ground not raised by any party at any stage of the proceedings,” the district court “disregarded the longstanding principle of party presentation and, in doing so, abused its discretion,” Circuit Judge Alan D. Lourie wrote in a precedential opinion filed Wednesday by the US Court of Appeals for the Federal Circuit.

There are situations “in which it may be appropriate for a court ...