In a patent infringement action involving oral contraceptives, district court judgment is affirmed where plaintiff’s patent is invalid due to obviousness as it would have been obvious to a person having ordinary skill in pharmaceutical formulation to try a normal pill in formulating drospirenone as an oral contraceptive.
Read Bayer Schering Pharma AG v. Barr Laboratories, Inc., No. 08-1282
Appellate InformationAppeal from the United States District Court for the District of New Jersey.Decided August 5, 2009
JudgesBefore NEWMAN, FRIEDMAN, and MAYER, Circuit Judges.Opinion by NEWMAN, Circuit Judge.Dissenting opinion by Circuit Judge NEWMAN
CounselFor Plaintiff: Peter B. Bensinger, Jr., Bartlit Beck Herman Palenchar & Scott LLP, Chicago, Illinois.
For Defendant: George C. Lombardi, Winston & Strawn LLP, Chicago, Illinois.
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