Knobbe Martens partner Carol Pitzel Cruz was quoted in a recent Law360 article on the Federal Circuit’s decision in Wyeth v. AstraZeneca, a patent infringement dispute centered on Section 112 enablement.
Ms. Pitzel Cruz, who co-chairs Knobbe Martens’ Hatch-Waxman Litigation practice, discussed how the court’s ruling highlighted the evolving jurisprudence on enablement analysis in pharmaceutical patent litigation. Underscoring this point, she compared the Federal Circuit’s July decision in Wyeth, where the appeals court upheld a district court’s ruling that Wyeth’s patents were invalid, to its April decision in a similar case, Teva v. Eli Lilly, where Teva’s patents-at-issue were revived after previously being ruled invalid as not enabled. She noted that the difference in the appeals court’s decisions demonstrated the fact-specific nature of enablement analysis.
Read Ms. Pitzel Cruz’s full comments in the Law360 article, “Wyeth’s Patent Loss Has Attys Focusing On Dosage” [subscription required].
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