AI
Wednesday, February 06, 2008 11:24:03 AM
Generic-Drug Firms Get Bolder and their patent attornys get richer 
Since The CAFC has invalidated Pfizer's Norvasc patent finding it obvious, we'll probably see more rulings like that. However, the KSR decision will make some patents such as follow-on patents (formulation patents, controlled release patents, enantiomer patents and salt patents) more vulnerable.
Composition of matter patents that lean on a subsequent drug in which it is a combination of two known drugs or combined with a delivery vehicle or where the composition is a pre-existing compound, such as the substitution of a methyl group for an ethyl group in a heterocyclic ring.
I believe that enantiomer patents (such as Lexapro, Plavix, Nexium and Levaquin) are especially weak, especially in cases in which the technology to separate them was public knowledge at the time the separation was made.
Since The CAFC has invalidated Pfizer's Norvasc patent finding it obvious, we'll probably see more rulings like that. However, the KSR decision will make some patents such as follow-on patents (formulation patents, controlled release patents, enantiomer patents and salt patents) more vulnerable.
Composition of matter patents that lean on a subsequent drug in which it is a combination of two known drugs or combined with a delivery vehicle or where the composition is a pre-existing compound, such as the substitution of a methyl group for an ethyl group in a heterocyclic ring.
I believe that enantiomer patents (such as Lexapro, Plavix, Nexium and Levaquin) are especially weak, especially in cases in which the technology to separate them was public knowledge at the time the separation was made.
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