Supsension form held to be obvious under prior art. The pill or capsule form held nonobvious to an important extent, but not as broadly as SNTS would have hoped. The case is remanded for determination of damages; Par did infringe so there are damages. Probably a settlement before the district court hearing. Par will be unable to market a generic. I assume the other Zegerid case, I believe in a Pennslvania district court, against a SNTS licensee will be dismissed.
What happens next? With remand, does lower court have to review the case again? If the claims are valid, then does PAR owe SNTS damages and will PAR be forced to remove their product from the market? TIA
It doesn't matter that this is a split decision. Some patients ARE VALID, so PAR has to negotiate a deal and give SNTS some money for the damage of last 2 years or - without having a deal - has to stop generic Zegerid.