Sean O'Donnell

Sean O'Donnell

McDermott Will & Emery

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No En Banc Review for Use of Post Invention Information in Obviousness Analysis

Bristol-Myers Squibb Co. v. Teva Pharms USA, Inc. - Declining to reconsider its panel decision holding that a pharmaceutical was obvious where a skilled artisan would have altered the lead prior art compound in the...more

12/1/2014 - Appeals Bristol-Myers Squibb En Banc Review Obviousness Patent Litigation Patents Pharmaceutical Patents Teva Pharmaceuticals

PTAB on Analogous Art

Schott Gemtron Corp. v. SSW Holding Co., Inc. - In a final written decision addressing the patentability of claims challenged as obvious, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB, the...more

10/30/2014 - Obviousness Patent Litigation Patent Trial and Appeal Board Patents Prior Art

Patent Owners: Better Address All Obviousness Arguments Raised by Petitioner

Pharmatech Solutions, Inc. v. LifeScan Scotland Ltd. - In a final written decision addressing an obviousness challenge, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB, the Board) found the...more

10/28/2014 - Inter Partes Review Proceedings Obviousness Patent Litigation Patent Trial and Appeal Board Patents Pharmaceutical Pharmaceutical Patents

A Compound Is Obvious Where Only Minor Changes to a Prior Art “Lead Compound” Are Required to Make the Claimed Compound

Bristol-Myers Squibb Co. v. Teva Pharms USA, Inc. - Addressing the obviousness of a claimed compound where a person of skill would need to make only minor changes to a lead compound to arrive at the claimed invention,...more

8/1/2014 - Appeals Bristol-Myers Squibb Obviousness Patent Litigation Patents Pharmaceutical Pharmaceutical Patents Popular Prior Art Teva Pharmaceuticals

What Is “a Patient?”

Braintree Labs, Inc. v. Novel Labs, Inc. - On appeal from summary judgment, the U.S. Court of Appeals for the Federal Circuit construed “a patient” to mean “a population of patients,” overturning the district court’s...more

6/5/2014 - ANDA Appeals Generic Drugs Patent Infringement Patent Litigation Patents Patients Pharmaceutical Pharmaceutical Patents

Combining Two Drugs Is Not Always Obvious

Sanofi-Aventis Deutschland GMBH v. Glenmark Pharmaceuticals Inc. - Addressing the obviousness of combining two known hypertension medications, the U.S. Court of Appeals for the Federal Circuit upheld a ruling of...more

6/3/2014 - Appeals FDA License Agreements Obviousness Patent Infringement Patent Litigation Patents Pharmaceutical Pharmaceutical Patents Prescription Drugs Prior Art

The Explicit Definition of a Claim Term Is Not Limiting Where It Excludes a Preferred Embodiment - ButamaxTM Advanced Biofuels,...

Relying in part on evidence that a district court’s claim construction excluded a preferred embodiment, which was the subject of a dependent claim, the U.S. Court of Appeals for the Federal Circuit explained that the...more

3/28/2014 - Biofuel Claim Construction Patent Litigation Patents

Narrower of Possible Claim Constructions Prevails - Takeda Pharmaceutical Co. Ltd. v. Zydus Pharma USA, Inc.

Addressing, among other things, where the upper limit of a claimed range lies for claim construction, the U.S. Court of Appeals for the Federal Circuit overturned a district court ruling that a claimed range included a margin...more

3/28/2014 - Claim Construction Patent Infringement Patent Litigation Patents Pharmaceutical

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