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Brian C. Trinque, Ph.D. Lathrop & Gage LLP

Results 1 to 5 of 7



Federal Circuit upholds Abilify® (aripiprazole) composition patent *

USA - May 9 2012
In an opinion that referred to a Defendant’s obviousness case for a small-molecule drug as “a poster child for impermissible hindsight reasoning,” the Federal Circuit affirmed a decision of the District Court for the District of New Jersey that upheld the validity of U.S. Patent No. 5,006,528, which provides composition of matter protection for the antipsychotic agent Abilify® (aripiprazole).

Co-authors: Giulio A. DeConti.


Patent covering statin formulation invalidated by Federal Circuit *

USA - December 6 2011
On December 1, 2011, the Federal Circuit invalidated a patent covering a pharmaceutical formulation comprising a statin and an amine-containing polymer for lack of novelty. 

Co-authors: Giulio A. DeConti.


CAFC upholds validity of formulation claim (Fortical®) *

USA - August 30 2011
On August 25, 2011, the Court of Appeals for the Federal Circuit (CAFC) upheld a District Court’s grant of summary judgment of non-obviousness with respect to a pharmaceutical composition comprising salmon calcitonin and a specific concentration of citric acid and other components.

Co-authors: Giulio A. DeConti.


CAFC upholds validity of method of treatment claim (Strattera®) *

USA - August 4 2011
On July 27, 2011, the Court of Appeals for the Federal Circuit (CAFC) determined that a claim directed toward a method of treating a new indication using a previously known drug was both non-obvious and properly enabled.

Co-authors: Giulio A. DeConti.


CAFC invalidates claims covering specified dose range as obvious *

USA - July 6 2011
On June 22, 2011, the Court of Appeals for the Federal Circuit (CAFC) upheld a summary judgment invalidating two claims of U.S. Patent No. 5,211,954 (“the ‘954 patent”), which covers a pharmaceutical formulation comprising particular doses of a sleep-inducing agent.

Co-authors: Giulio A. DeConti.


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