Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged obviousness · clear
ADAPT PHARMA OPERATIONS LTD. V. TEVA PHARMS. USA, INC. Before Newman, Prost, and Stoll. Appeal from the United States District Court for the District of New Jersey. Summary: Recent attempts by competitors to achieve patented technology, both before and…
TEVA PHARMACEUTICALS USA, INC., v. CORCEPT THERAPEUTICS, INC. Before Moore, Newman, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Limitations, such as specific drug doses, in claim language can impact the application of the reasonable…
MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION Before Lourie, O’Malley and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A presumption of obviousness based on overlapping ranges requires showing that the overlapping range is…
UNIVERSITY OF STRATHCLYDE v. CLEAR-VU LIGHTING LLC Before Reyna, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit reversed the PTAB’s obviousness decision because the inventors succeeded where the…
CAMPBELL SOUP COMPANY V. GAMON PLUS, INC. Before Moore, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The standards for establishing a presumption of nexus or a nexus-in-fact between objective indicia of nonobviousness and…
ELI LILLY AND COMPANY v. TEVA PHARMACEUTICALS Before Lourie, Bryson and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: In claims for methods of using apparatuses or compositions, statements of intended purpose in a preamble tend to…
TEVA PHARMACEUTICALS v. ELI LILLY AND COMPANY Before LOURIE, BRYSON, and O’MALLEY. Appeal from the Patent Trial and Appeal Board. Summary: The presumption of nexus analysis requires the fact finder to consider the unclaimed features of the stated…
Before Lourie, Chen, and Hughes. Summary: Unrebutted evidence of non-enablement is sufficient to overcome an invalidity challenge based on a standalone §103 reference. Raytheon owns a patent claiming a gas turbine engine having a particular power…
CANFIELD SCIENTIFIC, INC. v. MELANOSCAN, LLC Before Newman, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s refusal to consider presented arguments and evidence can be a misapplication of the law of obviousness.…
FANDUEL, INC. v. INTERACTIVE GAMES LLC Before Dyk, Moore, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: The Board does not violate the Administrative Procedure Act (APA) if it institutes trial and then reconsiders the substantive…
FITBIT, INC. v. VALENCELL, INC. Before Newman, Dyk, and Reyna. Appeal from Patent Trial and Appeal Board. Summary: Notwithstanding its rejection of the Petitioner’s proposed claim construction, the PTAB may not end an obviousness inquiry without…
B/E AEROSPACE, INC. v. C&D ZODIAC, INC. Before Lourie, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Common sense may be invoked in obviousness determination if accompanied by reasoned analysis and supporting evidence. C&D…
