Improper Double Patenting leads to Patent Invalidation
The importance of following proper rules and procedures in the filing of patents cannot be overemphasized. Even tiny mistakes can lead to patent invalidation. The Patent Prospector highlights a particular case where ‘double patenting’ finally led to invalidation of both patents.
An excerpt from the post:
Toprol-XL® is a drug used to treat heart-related malfunctions. Astra owns two patents for its active ingredient, metoprolol succinate; patents which Astra asserted against generic drug makers seeking FDA approval; patents with a peculiar pedigree. The district court found Astra’s metoprolol patents invalid owing to double patenting, and inequitable conduct, owing to the peculiar pedigree.
The company has now appealed the invalidity finding of one asserted patent, not pursuing any further action on the other. Proper knowledge and/ or guidance about rules and regulations concerning patents would have saved Astra quite a bit of trouble in this regard.