In a patent case involving a method for treating Alzheimer’s disease and related dementias, district court’s conclusion that the claims of the patent ‘318 were invalid is affirmed as the patent’s description of using galantamine to treat the disease does not satisfy the enablement requirement because the patent application did not establish utility.
Read Janssen Pharm. N.V. v. Teva Pharm. USA, Inc., No. 08-1594
Appeal from: United States District Court for the District of New Jersey
Decided September 25, 2009
Judges
Before Mayer, Gajarsa, and Dyk, Circuit Judges
Opinion by Dyk, Circuit Judge.
Counsel
For Appellant: George F. Pappas, Covington & Burling LLP
For Appellee: William A. Rakoczy, Rakoczy Molino Mazzochi Siwik LLP; George C. Lombardi, Winston & Strawn LLP
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