A federal appellate court has affirmed a lower court ruling finding a patent (58317340) for Johnson & Johnson and Merck & Co.’s popular over-the-counter heartburn drug Pepcid Completely invalid.
Earlier in June 2007, Judge William H. Pauley III of the U.S. District Court for the Southern District of New York ruled that Merck's patent on the formulation for Pepcid Complete is invalid as obvious, clearing the way for Perrigo Co. to sell its own generic version of the medication. The decision was one of the first pharmaceutical patent decisions to rely on and quote extensively from the Supreme Court's April 30 decision in KSR v. Teleflex.
The earlier district court decision can be read here.
The latest order from the federal circuit can be seen here.
This decision further affirms the impact of KSR v. Teleflex on litigations based on obviousness grounds.
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