Following the Solicitor General’s advice, the Supreme Court today denied SmithKline Beecham’s petition for certiorari in SKB v. Apotex, No. 05-489. The issue presented was whether inherent anticipation occurs only when one of skill in the art recognizes the prior creation of the invention. The Federal Circuit had held that inherent anticipation may occur regardless of such recognition.
The case concerns Apotex’s application to market a generic version of Paxil. Apotex has been on the market with its generic Paxil since 2004.
RELATED READING:
Orange Book Blog 
Leave a comment