Two cases being argued this month at the Federal Circuit attracted amicus briefs. One of those cases is Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc., a patent case. In it, the Federal Circuit will review a judgment of the District of Delaware ruling on patent infringement and invalidity claims. The district court held that, if approved, Norwich’s Abbreviated New Drug Application would induce infringement of certain Salix patent claims (the “HE,” “IBS-D,” and “Polymorph” claims). Additionally, the court held that, while Salix’s HE claims are nonobvious and therefore not invalid, the asserted Polymorph and IBS-D claims are invalid as obvious. Both parties appealed the district court’s judgment. This is our argument preview.
Update on Important Panel Activity
Here is an update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight one new Equal Pay Act case, the filing of new briefs in two patent cases, and the filing of new amicus briefs in another patent case. Here are the details.