Tuesday, July 29th, 2003
Enablement Training Materials
references used in the training materials are not available on
TORPHARM, Inc. v
Ranbaxy Pharmaceuticals, Inc.
Schein Pharmaceutical, Inc., Danbury Pharmacal, Inc.,
Ranbaxy Laboratories Limited, Ranbaxy Schein
Pharma L.L.C., and Ranbaxy Schein Pharmaceuticals,
Patents issued for both product & p
rocess. Product patent subsequently held
invalid under 102(b). Related process patent’s prosecution history relied on
novelty of the product in arguing patentability. Question is whether subsequent
finding of product’s unpatentability carries over to proce
held that is not
necessarily the case.