Federal Circuit Issues Second GSK v Teva Opinion On
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Cost-cutting generics and biosimilars stuck in legal limbo
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Panel: Judges Taranto, Chen, and Stoll, with
Judge Chen writing the opinion
You should read this case if: you want to
better understand the preclusive effect (or lack thereof) of
contingent findings and alternative holdings.
In this week s featured case, the Federal Circuit resolved
an interesting case where a patent-owner appellant appealed a
district court judgment holding its patent claims invalid but asked
the Federal Circuit to affirm invalidity. That perhaps surprising
situation arose because the district court s opinion supporting
its judgment appeared to address multiple invalidity grounds, and
the patent owner was seeking to protect against potential
preclusive effects of some of those grounds. Ultimately, though,