Orexo AB v. Actavis Elizabeth LLC, No. 17-1333 (Fed. Cir. Sept. 10, 2018)

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.

Orexo AB and Orexo US Inc. (collectively “Orexo”) ap- peal the decision of the United States District Court for the District of Delaware , holding claims 1, 3–6, and 8– 10 of U.S. Patent No. 8,940,330 (“the ’330 P atent”) invalid on the ground of obviousness.1 The ’330 Patent , entitled “Abuse-Resistant Pharmaceutical Composition for the Treatment of Opioid D ependence,” claims a product having the brand name Zubsolv®, approved by the FDA for treatment of opioid dependence.