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Reasonable Expectations Test Patents Appeals

McDermott Will & Emery

Breaking Up Is Hard to Do: Validity Upheld Based on Expert Separation Testimony

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court decision finding that two patents covering enantiomerically pure compositions of the psoriasis drug Otezla® (apremilast) were valid and one patent...more

McDermott Will & Emery

Lead Compound Analysis Is Inappropriate for Method of Treatment Claims

Addressing the obviousness analysis for method of treatment claims, the US Court of Appeals for the Federal Circuit affirmed the district court’s finding of non-obviousness but rejected part of its reasoning that applied lead...more

Jones Day

Lead Compound Analysis Not Always Applicable

Jones Day on

The Situation: In a Hatch-Waxman litigation, a district court determined that the claims covering a method of using the drug everolimus to treat kidney cancers were not obvious. The court found a motivation to "pursue"...more

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