Boehringer Ingelheim Int'l GMBH v. Barr Lab, Inc., No. 09-1032

In a patent infringement suit involving claims for certain tetrahydrobenzthiazole compounds for treatment of signs and symptoms of idiopathic Parkinson's disease, district court's judgment of invalidity is reversed and remanded where: 1) plaintiff's terminal disclaimer cannot overcome obviousness-type double patenting based on the '086 patent because the terminal disclaimer was filed after the expiration of the '086 patent; but 2) the district court incorrectly concluded that the safe-harbor provision of 35 U.S.C. section 121 is inapplicable in this case. 

Read Boehringer Ingelheim Int'l GMBH v. Barr Lab, Inc., No. 09-1032

Appellate Information

Appealed from: United States District Court for the District of Delaware

Decided January 25, 2010

Judges

Before: Linn, Prost and Dyk, Circuit Judges

Opinion by  Linn,  Circuit Judge

Counsel

For Appellant:   Bruce M. Wexler, Paul Hastings Janofsky & Walker LLP

For Appellee:  Shannon M. Bloodworth, Perkins Coie LLP