The Federal Circuit published a precedential decision on September 1, 2021 regarding the unenforceability of a pharmaceutical patent due to inequitable conduct.1 In Belcher Pharmaceuticals LLC v. Hospira, Inc., the Court (Judges Reyna, Taranto, and Stoll) affirmed the decision of the U.S. District Court for the District of Delaware (Judge Leonard P. Stark) that U.S. Patent No. 9,283,197 (“the ’197 patent”) was unenforceable due to inequitable conduct. Essentially the Belcher employee supervising patent prosecution failed to disclose prior art to the PTO that was directly relevant to certain claim limitations, while attempting to excuse that lapse based on his understanding of the claims.
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