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.”