Defending ‘Salt’ Patents In Hatch-Waxman Cases

After Pfizer Inc. v. Apotex Inc., 480 F.3d 1348 (Fed. Cir. 2007), reh’g denied, 488 F.3d 1377 (Fed. Cir. 2007) (“Norvasc decision”), there was an apparent drop in cases involving salt patents, i.e., which claim a particular salt form of a drug. However, several recent cases have upheld salt patents, and this article will discuss potential responses to some common challenges, namely a Petering anticipation challenge, and a KSR obvious-to-try challenge.