By Kevin E. Noonan — Almost four years ago, in a relatively rare occurrence based on there being an insufficient factual record to permit proper appellate review, the Federal Circuit vacated a District Court decision rendering invalid the claims in five patents asserted by Tris Pharma, Inc. against Teva Laboratories FL, Inc. and remanded. The Court has had the opportunity to review the District Court’s decision on remand, delayed by the COVID pandemic, and today affirmed the determination that Teva had not shown the claims to be invalid by clear and convincing evidence. To recap, the case arose in ANDA…
