Zegerid Manufacturer Can Stop Generic As Patent Obviousness Ruling Partly Reversed

At least some of the patent claims underlying the heartburn and acid reflux drug Zegerid were not invalid for obvious, likely preventing the introduction of at least some generic versions, according to a 2-1 ruling by the U.S. Court of Appeals for the Federal Circuit Sept. 4 (Santarus Inc. v. Par Pharmaceuticals Inc., Fed. Cir., 2010-1360, 9/4/12).

A district court had ruled that all the claims asserted by Santarus Inc. were invalid for obvious and that some of the claims were also invalid for lack of written description support in the patent specification. The appeals court reversed the ...