Tag Archives: Lupin

Federal Circuit Accords Presumption Of Validity To Erroneously Issued Claims

In Sciele Pharma Inc. v. Lupin Ltd., the Federal Circuit addressed the impact of an unusual patent prosecution history, and held that even erroneously issued claims are entitled to a presumption of validity under 35 USC § 282. Still, the Federal Circuit found that Lupin had raised a substantial question of invalidity, and vacated and … Continue reading this entry

Federal Circuit Clears Way For Generic Yasmin

In Bayer Schering Pharma AG v. Lupin, Ltd., the Federal Circuit upheld the district court’s determination that the Abbreviated New Drug Applications at issue did not infringe the asserted patent related to Yasmin. In particular, the Federal Circuit agreed that the FDA had not approved Yasmin for the method of use claimed in the patent, … Continue reading this entry