On August 13, the Federal Circuit issued a precedential ruling in Allergan USA Inc. et al. v. MSN Laboratories Private Ltd. et al., Case Number 24-1061, U.S. Court of Appeals for the Federal Circuit, that reversed the District of Delaware’s application of the Federal Circuit precedent in In re: Cellect LLC. This decision, which resolved important questions about the application of obviousness-type double patenting (ODP), specifically addressed the invalidation of a claim in an earlier-filed parent application over patentably indistinct claims in later-filed (and earlier-expired) child patents.
Allergan, Janssen, and Eden Biodesigns collectively brought forth allegations of patent infringement against Sun Pharmaceuticals Industries after the latter filed an abbreviated new drug application (ANDA) seeking FDA approval to market a generic version of Allergan’s drug Viberzi. This case has been closely watched as it addresses significant issues surrounding ODP and patent term adjustments.
Further details on the case can be found in the original article.