Federal Circuit Affirms Obviousness Of Patents Covering Extended-Release Hydrocodone Formulations
On December 27, 2019, the Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion affirming the decision of invalidity on obviousness grounds of the United States District Court for the District of Delaware. Persion Pharms. LLC v. Alvogen Malta Operations Ltd., __ F.3d __ (Fed. Cir. Dec. 27, 2019). The CAFC found no clear error in the district court’s reliance on inherency in its analysis or in its factual findings.