View all Webinars

Schwegman Lundberg & Woessner

Close     Close Mobile Menu

Supreme Court Denies Cert. In Lilly V. Sun

In my post of May 6, 2011, I discussed the facts in some detail in this controversial Fed. Cir. decision and concluded that the majority of the Fed. Cir. got this one wrong – the court voted 5-4 to deny rehearing en banc. Although Lilly had prosecution strategies available that would have avoided invalidation of their patent on a newly discovered use of gemcitabine, Lilly picked the wrong one. All practitioners should re-read this decision so as to not fall into the same trap. Ironically, this is an appeal in which Supreme Court review likely would have helped the patent system.

Share
Author:
Principal

  Back to All Resources