Thursday, August 25, 2011

Federal Circuit -- UNIGENE LABORATORIES, INC. V. APOTEX, INC.

Typos in a table showing the effect of citric acid concentration on the stability of salmon calcitonin are insufficient grounds for piercing privilege under crime/fraud.

No abuse of discretion in refusal to allow new counterclaims, given the minor change to claim.

Obviousness: (T)his court agrees that no reasonable juror could conclude that the ’014 patent would give a person of ordinary skill sufficient reason or motivation to use about 20 mM citric acid in aliquid nasal salmon calcitonin composition.

UNIGENE LABORATORIES, INC. V. APOTEX, INC.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.