Delaware Judge Invalidates Allergan Patents: Legal Battle Highlights Importance of Proper Description and Avoiding Obviousness
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…