We write to advise you on an issue currently before the Federal Circuit in a case of first impression, namely whether a later-filed, earlier-expiring patent can be used as a reference for obvious-type double patenting (OTDP)...more
Key Points
- Federal Circuit issued precedential opinion in Hospira Inc. v. Fresenius Kabi USA, LLC that affirmed obviousness of a liquid drug patent claim, encouraging future patent challengers to raise the issue of...more
1/24/2020
/ Appeals ,
Claim Limitations ,
Extrinsic Evidence ,
Inherency ,
Obviousness ,
Orange Book ,
Patent Infringement ,
Patents ,
Pharmaceutical Patents ,
POSITA ,
Precedential Opinion ,
Prior Art
I. Introduction -
Stereochemistry relates to the spatial organization of atoms in a molecule. Often molecules having the same chemical makeup can exist in different spatial arrangements. These related molecules are...more