Federal Circuit Affirms Invalidity of Warner Chilcott Patents for Osteoporosis Drug Actonel

A three judge panel of the Federal Circuit on November 18, 2014 affirmed the District of Delaware’s summary judgment decision that Warner Chilcott’s patents covering the osteoporosis drug Actonel were invalid for obviousness. Despite some uncertainty in the prior art regarding effective dosing of the drug, the Federal Circuit affirmed, stating that obviousness does not…