Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged obviousness · clear
Before Wallach , Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Regulatory guidelines addressing drug product impurities may serve as a market force in motivating a PHOSITA to modify prior art…
Before Judges Reyna , Taranto, and Chen. Appeal from the U.S. District Court for the District of New Jersey. Summary : There may be no reasonable expectation of success in producing a specific polymorph of a compound when that compound is not known to be…
Federal Circuit Summary Before Lourie , Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : A generic pharmaceutical company had standing to appeal the Board’s decision in an IPR that claims of a patent were not obvious even…
Federal Circuit Summary Before Dyk, Taranto, Stoll . Appeal from the Patent Trial and Appeal Board. Summary: The PTAB is not required to make any finding regarding a motivation to combine two references when it concludes that a claim is invalid under…
Federal Circuit Summary Before Judges Reyna , Bryson, and Stoll. Appeals from the Patent Trial and Appeal Board and the United States District Court for the District of Delaware. Summary: Non-prior art evidence may be considered when evaluating the…
Federal Circuit Summary Before Lourie , O’Malley, and Chen. Appeal from the Patent Trial and Appeal Board. Summary : When the ranges identified in a claimed composition overlap with the ranges disclosed in the prior art, the burden shifts to the…
Federal Circuit Summary Before O’Malley , Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : While obviousness of apparatus claims “capable of” a particular function may be shown by identifying a prior art…
Federal Circuit Summary Before O’Malley, Mayer, and Reyna . Appeal from the Patent Trial and Appeal Board. Summary : Claims may be rejected under 35 § U.S.C. 103 based on implicit disclosures of a prior art reference. Samsung and Apple filed an…
Federal Circuit Summary Before Frost , Newman, and Lawrie. Appeal from the U.S. District Court for the Eastern District of Texas. Summary: A weak showing of secondary considerations is insufficient to create a genuine dispute of fact sufficient to overcome…
Federal Circuit Summary Before Moore, Linn, and Chen . Appeal from the United States District Court for the District of Delaware. Summary: A prior art reference does not inherently disclose the elements of a claim limitation if the prior art describes the…
Federal Circuit Summary Before Lourie , Dyk, and Taranto. Appeal from the District Court for the District of Delaware. Summary : A passing reference in the prior art to a formulation containing the claimed active ingredient and the claimed administration…
Federal Circuit Summary Before Prost, Newman, and Lourie . Appeal from the United States Patent and Trademark Office (PTAB) Summary : A limitation that merely claims information by incorporating that information into a mental step or process is not…
