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
Appealed from: United States District Court for the District of Delaware
Decided January 25, 2010
Before: Linn, Prost and Dyk, Circuit Judges
Opinion by Linn, Circuit Judge
For Appellant: Bruce M. Wexler, Paul Hastings Janofsky & Walker LLP
For Appellee: Shannon M. Bloodworth, Perkins Coie LLP
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