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Topic

Obviousness

205 published works

  1. AIA Blog

    The Petitioner Just Kept Shooting Until It Hit the Target

    By M. Paul Barker Stacy Lewis

    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…

  2. 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…

  3. 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…

  4. PTABWatch

    FC Affirms Obviousness Decision by Board Trigger of Time Bar

    By Kate Nuehring Su

    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…

  5. PTAB Law Blog

    Two Asserted Lantus Patents Cancelled—Commercial Success Evidence Insufficient Because of Blocking Patents

    By Aydin H. Harston

    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.…

  6. 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

  7. 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…

  8. 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

    By Rachel M. Echols

    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…

  9. 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.

    By Allison M. Glasunow

    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…

  10. 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…