Tap Pharmaceutical Products v. Owl Pharmaceuticals

Tap and several other drug manufacturers prevailed in district court against the generic drug manufacturer Owl. Owl infringed Tap's patents covering "polymers and microcapsules in connection with sustained-release treatments in which leuprolide is delivered to patients through injection." On appeal, the C.A.F.C. entirely affirmed the district court. The C.A.F.C. construed the claim broadly, to include any method for producing the polymers. The C.A.F.C. rejected Owl's assertion of inequitable conduct when Tap failed to disclose a patent that was merely cumulative in light of other references.
See also,

• MP3: Tap Pharmaceutical Products v. Owl Pharmaceuticals (Fed. Cir. 2005) (citations omitted)
• PDF: Tap Pharmaceutical Products v. Owl Pharmaceuticals (Fed. Cir. 2005) (full text)
• I/P Updates: European Patent Examiner Prevents Inadvertent Estoppel
• Patently-O: CAFC Refuses To Find Estoppel Based On Arguments Before The EPO