Tuesday, January 20, 2015 11:28:33 AM
What does the ruling mean for the current status of the patent? Has it been restored by the ruling, or does it remain in it's invalid state until the lower court re-rules on it?
In light of today's ruling and assuming it is still invalid, little has changed. The FDA could still approve at any time, and because the case wouldn't be decided until after the patent expires, an "at risk launch" would seem probable. Many have speculated the patent would have been ruled invalid by any legal standard
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