News & Analysis as of

Patents Motivation to Combine Pharmaceutical Patents

McDermott Will & Emery

Inventor’s Motivation to Combine Does Not Control Obviousness

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court decision rejecting claims of a patent application directed to a dosing regimen for a cancer treatment, finding the claims to be obvious where the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2024 #3

CloudofChange, LLC v. NCR Corp., Appeal No. 2023-1111 (Fed. Cir. Dec. 18, 2024) In our Case of the Week, the Federal Circuit addressed the question of divided infringement in the context of system claims. In its...more

Bradley Arant Boult Cummings LLP

Spring Has Sprung Obviousness Trends from the Federal Circuit

There have been only a few precedential decisions from the Federal Circuit related to obviousness since spring sprung. While these decisions have produced mixed results for the lower courts, clinical study protocols have held...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): Elekta Limited v. Zap Surgical Systems, Inc. 81 F.4th...

Zap filed an IPR petition alleging obviousness of a patent owned by Elekta. The petition relied on a combination of two references. The Board found a reason to combine the references and ultimately found obviousness of the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Knobbe Martens

Drug Treatment May Be Obvious Even When FDA Is Unconvinced It Is Safe and Effective

Knobbe Martens on

PERSION PHARMACEUTICALS LLC v. ALVOGEN MALTA OPERATIONS LTD. Before O’Malley, Reyna, and Chen.  Appeal from the U.S. District Court for the District of Delaware. Summary:  The FDA’s acceptance of safety data for a...more

Knobbe Martens

Lead Compound Analysis Improper When Evaluating a Method of Use of a Compound

Knobbe Martens on

NOVARTIS PHAMACEUTICALS CORP V. WEST-WARD PHARMACEUTICALS - Before Stoll, Plager, and Clevenger. Appeal from the United States District Court for the District of Delaware. Summary: When a method of using a prior art...more

Knobbe Martens

Federal Circuit Review - February 2019

Knobbe Martens on

PTAB May Invalidate Claims on Reconsideration Based on Grounds Raised in the Institution Decision that Were Not Originally Instituted - In AC Technologies S.A., V. Amazon.Com, Inc., Blizzard Entertainment, Inc., Appeal No....more

Knobbe Martens

Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc.

Knobbe Martens on

Federal Circuit Summary - Before Newman, Dyk, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: Pharmaceutical patents were obvious where the claims covered species of a...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

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