En Banc Review in Allergan: Questioning the Federal Circuit's New ODP Safe Harbor
Briefly

The en banc petition by Sun Pharma challenges the Allergan decision, asserting that it creates an inappropriate ODP safe harbor that undermines established patent law principles.
The court's ruling on the written description support raises significant concerns, particularly since an element critical to the formulation was omitted even after it was revealed in litigation.
Read at Patently-O
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