Antares Pharma Inc. v. Medac Pharma Inc., No. 14-1648 (Fed. Cir. Nov. 17, 2014)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Plaintiff-Appellant Antares Pharma, Inc. (“Antares”) appeals from a decision of the United States District Court for the District of Delaware denying Antares’ motion for preliminary injunction . Antares seeks to enjoin alleged infringement of claims 31, 34, 35, and 37 of a reissue patent, RE44,846 (“the ’846 patent”) . Because we hold that these reissue claims are invalid for failure to comply with the “ original patent ” requirement of 35 U.S.C. § 251, we affirm.