Dr. Gregory K. Bell recently testified in three successful challenges to abbreviated new drug applications (ANDA) on behalf of pharmaceutical manufacturers seeking to protect patents covering their products. A key factor in each challenge was how to demonstrate commercial success of the product and the nexus between that success and the patents-in-suit with respect to the issue of non-obviousness of the patents-in-suit.
Dr. Bell was supported in these cases by CRA consultants including Andrew Tepperman, Justin Ho, Cavay Ip, Archan Ruparel, and Natalie Nah.
Recent federal circuit opinions address the economic domestic industry requirement
Under Section 337, a complainant must demonstrate that a domestic industry relating to each asserted patent either exists or is in the process of being...