Invalidity affirmed on double patenting grounds; inequitable conduct finding vacated

In the second of two rulings yesterday, the Federal Circuit found the patent on Toprol-XL^® (a drug used to treat hypertension, angina, and congestive heart failure) invalid based on obviousness-type double patenting, affirming summary judgment on the issue. 

The court vacated and remanded the grant of summary judgment of unenforceability due to inequitable conduct, as the district court improperly equated a motivation to deceive with an intent to deceive.  This the court proceeded to this issue even though it had affirmed the invalidity of the patent because it noted that the Federal Circuit has not yet resolved the issue of whether a terminal disclaimer can reinstate the validity of a patent invalid due to obviousness-type double patenting by filing a terminal disclaimer during litigation.

More detail of In re Metoprolol Succinate Patent Litig. after the jump.

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