Altana Pharma AG v. Teva Pharmaceuticals USA, Inc.

566 F.3d 999 (2009)

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Altana Pharma AG v. Teva Pharmaceuticals USA, Inc.

United States Court of Appeals for the Federal Circuit
566 F.3d 999 (2009)

RW

Facts

A patented process winnowed a field of 90 chemical compounds to 18 compounds that seemed especially effective in neutralizing gastric acid. Of these 18 compounds, Altana Pharma AG (Altana) (plaintiff) isolated “compound 12” and turned it into the patented active ingredient of a prescription drug. When Teva Pharmaceuticals USA, Inc. (Teva) (defendant) announced plans to market a competing generic version of Altana’s patented drug, Altana sued Teva for patent infringement. Altana argued that the prior art did not point to compound 12 as the single best candidate for improvement. Teva introduced expert testimony that multiple sources would have led a person having ordinary skill in the art to reason that compound 12 was at least one of several promising candidates for further research. The federal district court found enough merit in Teva’s obviousness defense to deny Altana’s motion for a preliminary injunction. Altana appealed to the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (Ward, J.)

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