- Acumen Powered by Robins Kaplan LLP®
- American Indian Law and Policy
- Antitrust and Trade Regulation
- Appellate Advocacy and Guidance
- Business Litigation
- Civil Rights and Police Misconduct
- Class Action Litigation
- Corporate Governance and Special Situations
- Corporate Restructuring and Bankruptcy
- Domestic and International Arbitration
- Entertainment and Media Litigation
- Health Care Litigation
- Insurance and Catastrophic Loss
- Intellectual Property and Technology Litigation
- Mass Tort Attorneys
- Medical Malpractice Attorneys
- Personal Injury Attorneys
- Telecommunications Litigation and Arbitration
- Wealth Planning, Administration, and Fiduciary Disputes
Acumen Powered by Robins Kaplan LLP®
Ediscovery, Applied Science and Economics, and Litigation Support Solutions
-
June 17, 2024Emily Tremblay Named IP Rising Star by Euromoney in 2024 Women in Business Law Awards
-
June 17, 2024Three Robins Kaplan Partners Named BTI Client Service All-Stars
-
June 13, 2024Brendan Johnson Named South Dakota Trial Lawyer of The Year
-
June 27, 2024Sex Abuse Litigation
-
June 10-11, 20242024 Probate and Trust Law Section Conference
-
June 11, 2024FBA 2024 Federal Practice Seminar
-
June 2024Robins Kaplan Secures Landmark $7.75 Million Verdict in Aerosol Duster Misuse Case
-
June 2024To Seize or Not to Seize: Campus Protests and Police Uses of Force
-
June 2024Communicating Your Estate Plan: A Helpful Tool, Not a Fix-All
-
September 16, 2022Uber Company Systems Compromised by Widespread Cyber Hack
-
September 15, 2022US Averts Rail Workers Strike With Last-Minute Tentative Deal
-
September 14, 2022Hotter-Than-Expected August Inflation Prompts Massive Wall Street Selloff
Find additional firm contact information for press inquiries.
Find resources to help navigate legal and business complexities.
Sciele Pharma Inc. v. Lupin Ltd.
April 09, 2012
![GENERICally Speaking: A Hatch Waxman Litigation Bulletin](/-/media/images/newsletters/generically-speaking-social-graphics/generically-speaking-nwsltr-badge.jpg?la=en&h=160&w=390&la=en&hash=314B8432ED62E0647D7FC4565EC18B79)
Drug Product and Patent(s)-in-Suit: Fortamet® (metformin hydrochloride); U.S. Patent Nos. 6,099,859 and 6,866,866
Nature of the Case and Issue(s) Presented: Lupin moved the Federal Circuit for a stay, pending disposition of its appeal, of the preliminary injunction entered against it. Because the district court failed to make an independent assessment of Lupin's obviousness defense and apply the proper burden of proof, the Federal Circuit vacated the injunction and remanded the matter for a proper analysis.
Why Lupin Prevailed: The district court's order imposing the preliminary injunction failed to address Lupin's obviousness arguments-it made no findings of fact nor conclusions of law on this issue. While acknowledging that Lupin had raised an obviousness defense, the district court nonetheless found that Lupin failed to raise a substantial question that its obviousness argument was likely to succeed at trial because the referenced prior art was before the examiner during the prosecution of the patent-in-suit. The Federal Circuit found that the district court's failure to make adequate findings prevented it from engaging in a "meaningful review" of Lupin's obviousness defense. "Absent appropriate findings, the normal course is to vacate the district court's decision and remand the matter for a proper analysis."
Related Publications
Related News
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.