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Reasonable Expectations Test Obviousness Patent Trial and Appeal Board

Foley & Lardner LLP

Federal Circuit Reverses PTAB On Reasonable Expectation Of Success For TARCEVA Patent

Foley & Lardner LLP on

In OSI Pharmaceuticals LLC v. Apotex, Inc., the Federal Circuit reversed the PTAB’s determination that a Tarceva® patent was invalid as obvious because the decision was not supported by a reasonable expectation of success....more

Knobbe Martens

Completion of Phase I Safety Trials for FDA Approval May Not Be Sufficient to Show Reasonable Expectation of Success

Knobbe Martens on

OSI PHARMACEUTICALS, LLC v. APOTEX INC - Before Stoll, Newman, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: A pharmaceutical company’s statement touting the completion of Phase I safety trials...more

Knobbe Martens

The More Complex the Harder to Show Obvious

Knobbe Martens on

SAMSUNG ELECTRONICS CO., LTD. v. ELM 3DS INNOVATIONS, LLC - Before Moore, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: If the technology is complex, a party may be required to provide more...more

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