Law360 (April 20, 2021, 10:59 PM EDT) — The Federal Circuit on Tuesday dismissed an “unusual” appeal from drugmaker Sebela Ireland Ltd., which sought affirmation of a district court decision that claims in two patents covering its menopause drug are obvious, while at the same time asking the appellate court not to weigh in on written description and utility issues.

The three-judge panel said in its nonprecedential decision that, while a New Jersey federal judge briefly addressed written description and utility, she didn’t do so conclusively. Since Sebela isn’t trying to overturn the obviousness ruling, and there are no alternative holdings to the district court’s obviousness decision, the panel…

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Curt Warner - Editor NMA
Submitted by: Curt Warner - Editor NMA