Federal Circuit Finds No Alternative Holding in District Court Opinion and Rejects Appeal
By EsqSocial Corporation 28/04/21
On April 20, in Sebela Ireland v. Prinston Pharmaceutical, the Federal Circuit held that Sebela’s appeal challenged only contingent patent invalidity findings and dismissed the appeal for lack of constitutional standing. In doing so, the court highlighted the difference between alternative and contingent invalidity findings, and it held that a contingent invalidity finding, unlike an alternative invalidity finding, cannot have claim preclusive effect and therefore cannot be appealed....
By: Fitch, Even, Tabin & Flannery LLP