Allergan USA, Inc. v. MSN Laboratories Private Ltd.

 
APPEAL NO.
24-1061
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Lourie

Question(s) Presented

1. “Does a general disclosure that a pharmaceutical compound may be combined with any of five inactive ingredients sufficiently describe ‘picture claims’ to specific formulations that are ‘narrow’ and recite ‘specific amounts’ of ‘specific ingredients’ []?”

2. “Where this Court purportedly finds error in a trial court’s written description analysis, may this Court re-weigh the evidence and decide the ultimate question of whether the specification describes the claims under its own de novo review of the specification, or must the Court remand for factfinding under a proper analysis?”

3. “Are the claims of ‘a first-filed, first-issued’ patent in a patent family immune from obviousness-type double patenting over later-filed, later-issued patent claims in the same family [], even if the first-filed, first-issued claims are patentably indistinct from, and expire later than, the later-filed, later-issued claims?”

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