Takeda Pharmaceutical Co. v. Torrent Pharmaceuticals Ltd. (Fed. Cir. 2021)

By Kevin E. Noonan — In a terse, non-precedential opinion, the Federal Circuit affirmed a district court’s judgment that Defendants Torrent Pharmaceuticals and Indoco Remedies Ltd. had failed to prove that the claims asserted by Plaintiff/patentee Takeda were obvious, either under the statute or the judicially created doctrine of obviousness-type double patenting, in Takeda Pharmaceutical Co. v. Torrent Pharmaceuticals Ltd. The case arose in ANDA litigation over Takeda’s allegations that Defendants would infringe claims 4 and 12 of Orange Book-listed U.S. Patent No. 7,807,689: 4. A compound of the formula or pharmaceutically acceptable salts thereof. 12. A compound of the…