Teva v astrazeneca invalidating a patent with secret prior art 100 free xxx dating without credit card
(For Patents Having an Effective Filing Date Before March 16, 2013) In order for someone to be entitled to a patent, the invention must actually be “new” and the inventor must not have lost her or his rights by delaying the filing of an application claiming the invention.In general, inventions are new when the identical [product or process] has not been made, used, or disclosed before.These are distinct concepts, each of which has to be satisfied and each of which has its own rules.Prior disclosure is the first requirement to be satisfied for matter to anticipate an invention.The prior inventor, however, and the patentee may have approached the same device from different starting points and may for this reason, or it may be for other reasons, have so described their devices that it cannot be immediately discerned from a reading of the language which they have respectively used that they have discovered in truth the same device; but if carrying out the directions contained in the prior inventor’s publication will inevitably result in something being made or done which, if the patentee’s patent were valid, would constitute an infringement of the patentee’s claim, this circumstance demonstrates that the patentee’s claim has in fact been anticipated.The Court of Appeal applied this test in Glaverbel SA v British Coal Corporation  RPC 255 where it was also held that it is not necessary for the prior art to be equal in practical utility or to disclose the same invention in all respects as the patent in suit.
Judge Leonard Stark held that all fourteen asserted claims from the two patents in suit were not invalid and would be infringed by Exela's generic product. (collectively, "Exela") for patent infringement after Exela notified the plaintiffs that it had filed ANDA No.
Plaintiff SCR Pharmatop ("Pharmatop") is a French civil law partnership that owns U. Paracetamol is the name used outside of the United States for acetaminophen.
6,028,222 ("the '222 patent") and 6,992,218 ("the '218 patent"), which are directed to, respectively, a formulation of, and a method for preparing, a liquid acetaminophen (or paracetamol) composition.
[A description is a “printed publication” only if it was publicly accessible.] (3) [Patent holder] has lost her or his rights if the claimed invention was already patented or described in a printed publication, anywhere in the world by [patent holder] or anyone else, more than a year before [insert date], which is the effective filing date of the application for the [ ] patent.
An invention was patented by another if the other patent describes the same invention claimed by [patent holder] to a person having ordinary skill in the technology.
Prior to the AIA, this would have been a clear win for Teva.