Tag Archives: Restoril

Federal Circuit Finds That FDA Citizen Petition Could Give Rise To Antitrust Liability

In Tyco Healthcare Group LP v. Mutual Pharmaceutical Co., Inc., the Federal Circuit remanded-in-part for the district court to determine whether Tyco’s citizen petition to the FDA gave rise to antitrust liability. Judge Newman wrote a dissenting opinion warning against the chilling effect that antitrust liability could have on a citizen’s right to communicate with … Continue reading this entry

Federal Circuit Finds Low-Dose Product Claims Obvious Over Medical Reference Book

In Tyco Healthcare Group LP v. Mutual Pharmaceutical Co., Inc., the Federal Circuit affirmed the district court’s finding that product claims reciting a specific dose of temazepam were obvious in view of an entry in a medical reference book. Although Tyco tried to overcome the disclosure with evidence of unexpected results and commercial success, its … Continue reading this entry