Allergan & St. Regis Mohawk Cert Petition on “Blocking Patent” Doctrine

Here is the petition in Allergan Inc. v. Teva Pharmaceuticals USA Inc.:

Allergan & SRMT Cert Petition

Questions presented:

Whether the Federal Circuit erred in this case, as it did in Acorda Therapeutics, Inc. v. Roxanne Laboratories, Inc., 903 F.3d 1310 (Fed. Cir. 2018), in holding that objective indicia of non-obviousness may be partially or entirely discounted where the development of the invention was allegedly “blocked” by the existence of a prior patent, and, if so, further erred by making an implicit finding that an invention was “blocked,” without requiring evidence of or making a finding of actual blocking, and in the face of evidence to the contrary.

 

Federal Court Joins Tribe in Patent Texas Matter

Here are the relevant materials in Allergan Inc. v. Teva Pharmaceuticals USA Inc. (E.D. Tex.):

503 DCT Order to Produce

510 Production of Documents

517 Unopposed Motion

520 Opposition

522 DCT Order