Federal Circuit denies Antares Pharma an injunction based on original-patent rule

November 18, 2014 – The Federal Circuit affirmed the District of Delaware’s decision to deny Antares Pharma, Inc. an injunction against Medac Pharma Inc. holding claims covering a drug injection device invalid for failure to satisfy the original patent requirement of 35 U.S.C. § 251. The Federal Circuit reasoned that the original claims were significantly different in scope and coverage than the asserted claims and thus, the asserted claims disclosed a separate invention. The patent-at-issue was U.S. Patent No. RE44,846, entitled “Needle Assisted Jet Injector” and was on appeal from the United States District Court for the District of Delaware in No. 1:14-cv-00270-SLR, Judge Sue L. Robinson. The case is captioned Antares Pharma, Inc. v. Medac Pharma Inc. et al, 2014-1648.

By: Christopher J. Stankus

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