In 2007, Dey L.P., Dey Inc., and their parent company Mylan, Inc. (collectively, "Dey") sued Sunovion Pharmaceutical, Inc. ("Sunovion"; formerly known as Sepracor, Inc.) for infringement of five of Dey's patents....more
The Federal Circuit’s May 20 decision in Dey LP v. Sunovion Pharmaceuticals Inc., Case No. 2012-1428, provides a welcome clarification of the court’s “public use” law. The court explained that an alleged “public use” is...more
In Dey, L.P. v. Sunovion Pharmaceuticals, Inc., the Federal Circuit vacated the district court’s grant of summary judgment in favor of Sunovion, and remanded for further consideration of whether Sunovion’s clinical trial...more
Originally published in BNA’s Patent, Trademark & Copyright Journal on 09/28/2012.
When is a clinical trial an invalidating public use of an invention? Courts have struggled with this question — one particularly...more