Topic
Obviousness
205 published works
AIA Blog
The Petitioner Just Kept Shooting Until It Hit the Target
Decision: ModernaTX, Inc. v. Curevac AG, IPR2017-02194, Paper 45 (P.T.A.B. April 16, 2019) (SAWERT, Moore, Mitchell) Holding: The PTAB determined that Petitioner showed by a preponderance of the evidence that…
Life Science Legal Report
Court Applies Post-Trial IPR Estoppel Where Final Judgment Didn’t Address All Obviousness Defenses
By Perkins Coie
In an April 11, 2019 order, Judge Andrews of the District of Delaware ruled that a Hatch-Waxman defendant’s obviousness defenses were precluded under 35 U.S.C. § 315(e)(2) even though the…
PTAB Law Blog
Why the Disconnect? Federal Circuit Reverses Yet Another Inherent Obviousness Decision
By Aydin H. Harston, Anjali Jenna (AJ) Teigen
On March 8, 2019, in Personal Web Technologies, LLC v. Apple, Inc., No. 2018-1599 (Fed. Cir. Mar. 8, 2019) the Federal Circuit reversed the Patent Trial and Appeals Board’s (the…
PTABWatch
FC Affirms Obviousness Decision by Board Trigger of Time Bar
In Hamilton Beach Brands, Inc. v. F'real Foods, LLC, Appeal No. IPR2016-01107 (Fed. Cir. Nov. 16, 2018), the Federal Circuit affirmed the Patent Trial and Appeal Board’s final written decision…
PTAB Law Blog
Two Asserted Lantus Patents Cancelled—Commercial Success Evidence Insufficient Because of Blocking Patents
On December 12, 2018, the U.S. Patent and Trademark Appeal Board (PTAB) ruled in favor of Mylan in its inter partes review (IPR) proceedings. It found all claims of Sanofi's Lantus formulation patents (U.S.…
Prosecution First Blog
Inherency and Obviousness
By Adriana L. Burgy Stacy Lewis
Decision: Hospira, Inc. v. Fresenius KABI USA, LLC, Nos. 16-cv-651 and 17-cv-7903, 2018 WL 6621401 (N.D.Ill. Dec. 17, 2018))Read more
Prosecution First Blog
Inherency and Obviousness
By Adriana L. Burgy Stacy Lewis
Decision: Hospira, Inc. v. Fresenius KABI USA, LLC, Nos. 16-cv-651 and 17-cv-7903, 2018 WL 6621401 (N.D.Ill. Dec. 17, 2018)) This case provides an example of the use of inherency in…
Biosimilars Law Bulletin
PTAB Final Written Decision Finds All Claims (1-5) of U.S. Patent No. 8,821,873 Obvious Over the Combination of Five Prior Art References
As we previously reported, one of three Pfizer IPR petitions filed in April 2017 against Biogen-owned patents claiming methods of treatment with rituximab was instituted. The instituted IPR is IPR2017-01168…
Life Science Legal Report
Obviousness of Overlapping Ranges – The Burden-Shifting Framework Applies to Inter Partes Review: E.I. du Pont de Nemours & Co. v. Synvina C.V.
In the chemical and biological arts, it is common for patent challengers to allege obviousness based upon prior art disclosures of ranges combined with “routine optimization” by one skilled in…
Patents Post-Grant
CAFC Explains PTAB Burden Shift for Claimed Ranges
By Scott McKeown, Scott McKeown Wolf Greenfield
Claimed Ranges Overlapping with Prior Art Shift Burden of Production to Patent Owner Since the Federal Circuit's decision in Magnum Oil, the Patent Trial & Appeal Board (PTAB) has been…