SmithKline Beecham Corp. v. Apotex Corp. — Product-by-Process Patent Claims Are Anticipated If the Product Itself Was Previously Known, Regardless of Process
The Federal Circuit affirmed invalidity of SmithKline’s Paxil patent, holding that product-by-process claims are anticipated by prior art that discloses the same product, even when the prior art used a different process to make it — because patents protect products, not processes, under such c