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King Pharmaceuticals, Inc. v. Eon Labs, Inc. (Fed. Cir. 2010)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

Inherent Anticipation and Inherent Obviousness? By Andrew Williams -- Last week, in King Pharmaceuticals, Inc. v. Eon Labs, Inc., the Federal Circuit affirmed a grant of summary judgment of invalidity of U.S. Patent Nos. 6,407,128 (the "'128 patent") and 6,683,102 (the "'102 patent"), although not necessarily for the same reasons articulated by the U.S. District Court for the Eastern District of New York. King initiated the litigation after Eon filed an ANDA to market and sell a generic 800 mg metaxalone tablet for the treatment of "discomforts associated with acute, painful musculoskeletal conditions." Metaxalone was first discovered in the 1960s,...

Full post as published by Patent Docs on August 13, 2010 (boomark / email).