In a recent ruling, Judge Richard Andrews of the District of Delaware decided several patents asserted by Allergan against Sun Pharmaceuticals and MSN Laboratories were invalid due to the lack of a written description under 35 U.S.C. § 112. This decision was made during a bench trial lasting three days, bringing an end to an ongoing legal battle instigated by Allergan. Access full details of this trial here.
The invalidated patents were initially leveraged by Allergan USA, Inc., against MSN Laboratories Private Limited in case No. CV 19-1727-RGA. The judgment invalidating these patents based on lack of proper description reaffirms the importance of fulfilling all statutory requirements of patenting to ensure validity and protectability.
This precedent-setting ruling also involved the concept of obviousness-type double patenting. Judge Andrews found some of Allergan’s patents were not only invalid due to lack of written descriptions but also fell prey to obviousness-type double patenting.
This case serves as a stern reminder about the meticulous vetting necessitated by the patent process, and shines a light on the careful attention required in describing a patent. It also affirms that an overly broad patent or one that is deemed obvious can be grounds for invalidation.