Federal Circuit Upholds Validity of Anticonvulsant Drug Patent

By Zachary Furcolo

In Mylan Pharmaceuticals Inc. v. Research Corp. Technologies, Inc., 914 F.3d 1366 (Fed. Cir. Feb. 1, 2019), the Federal Circuit affirmed the decision of the USPTO Patent Trial and Appeal Board (the “Board”) that claims 8–13 in U.S. Reissue Patent 38,551 (“the ’551 patent”) for an anticonvulsant drug were non-obvious and thus, the claims were not invalid on those grounds. 

Read More