Battle Rages Over Whether an Old Drug Can Be New Again


Thomas Steindler and Natalie Bennett were noted as representing a major pharmaceutical company in a Federal Circuit appeal of a patent infringement lawsuit over the company’s new drug application to the FDA to market a generic version of the drug Remodulin. « For more than a century, the law has been that an old product is not patentable even if it is made by new process, » wrote the McDermott lawyers, meaning that the « undisputed facts in the trial record” show that a lower court’s finding of infringement was « erroneous.”