Orexo, AB v. Actavis Elizabeth LLC
United States Court of Appeals for the Federal Circuit
2018 WL 4288961 (2018)
Relevant factsFree
Zubsolv's patent used citric-acid particles as a novel carrier for buprenorphine particles, unlike prior drugs such as Suboxone, achieving improved bioavailability and abuse deterrence; Actavis, seeking to market a generic version, argued obviousness based on prior patents disclosing the individual ingredients and a separate patent using citric acid to increase bioavailability in a different way, and the trial court agreed the combination would have been obvious.
IssueFree
Whether a formulation is obvious even if the components of the formulation are referenced in prior art, if the prior art did not suggest the selection and combination achieved by the formulation.