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Case Law Meeting: Acorda Therapeutics Inc. et al. v. Roxane Laboratories Inc. et al.
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When: Friday, December 14th, 2018
Networking: 8:00, Presentation and discussion: 8:30 – 9:45
Where: Saul Ewing Arnstein & Lehr LLC
131 Dartmouth St.
Suite 501
Boston, Massachusetts 
United States
Contact: Case Law Committee

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 BPLA Case Law Committee
The New Legal Theory of ‘Blocking Patent Doctrine’:
Acorda Therapeutics, Inc. v. Roxane Laboratories, Mylan Pharmaceuticals, Inc., Teva Pharmaceuticals, Inc.

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Presenter:  N. Scott Pierce, Saul Ewing Arnstein & Lehr LLC


Moderator:  Yvonne Lee, WilmerHale


Location:  Saul Ewing Arnstein & Lehr LLC, 131 Dartmouth St., Suite 501, Boston, MA


Time: Friday, December 14th 2018
Networking: 8:00 AM, Presentation and discussion:  8:30 AM – 9:45 AM



On September 10, 2018, the Court of Appeals for the Federal Circuit (Federal Circuit) affirmed a decision by the United States District Court for the District of Delaware that was based, in part, on a “new legal theory,” according to Judge Pauline Newman, of “blocking patent” doctrine. The theory holds that objective evidence of non-obviousness, long viewed as “often…the most probative and cogent evidence in the record” (see, e.g., Stratoflex, Inc. v. Aeroquip Corp., 713 F.2d 1530, 1538-39 (Fed. Circ. 1983) is, nevertheless, mitigated by any so-called “blocking patent” that dominates, because it acts as a disincentive to development of technology that would compete with the subject matter subsequently claimed by the patent at issue.

The patentee in this case, Acorda Therapeutics, Inc., filed a petition for rehearing en banc  to challenge the new theory and, as of November 27, the defendants-cross-appellants, Roxane Laboratories, Inc. and Teva Pharmaceuticals, Inc., have filed a response. 

We will discuss blocking patents and objective indicia of non-obviousness in the context of this case.

Prior to the meeting, we request that you review the following documents:
Petition for rehearing en banc
The response

Contact for more information.

Committee Co Chairs

James Lampert, WilmerHale, Retired

Yvonne Lee, WilmerHale

N. Scott Pierce, Saul Ewing Arnstein & Lehr LLP

Valarie Rosen, Cabot Corporation
David Thibodeau, VLP Law Group

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Phone: 617.507.5570

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