Eli Lilly patent covering Alimta lung cancer treatment upheld in final...
On Thursday, October 5th, a final written decision issued by the Patent Trial and Appeal Board (PTAB) upheld a series of 22 claims from a patent owned by Indianapolis, IN-based drugmaker Eli Lilly...
View ArticleIronworks files new complaint against Apple asserting patents covering...
On Friday, October 6th, Chicago, IL-based intellectual property owner Ironworks Patents LLC filed a patent infringement case against Cupertino, CA-based consumer tech giant Apple Inc. in the District...
View ArticleInherency Rejections: Combating Inherent Obviousness
An inherency rejection, whether it be inherent anticipation or inherent obviousness, can be extremely difficult to overcome. Indeed, at many times it seems there is a great deal of subjectivity weaved...
View ArticleMerck Process for Stabilizing Antibiotic Compound Invalid as Obvious
The District of Delaware found that one of two patents asserted by Merck was not invalid and infringed, and the other patent, while infringed, was invalid as obvious. Merck appealed the conclusion of...
View ArticleFederal Circuit: Less Preferred Alternative is not Teaching Away
In an obviousness inquiry, material prior art references disclosing combinations of claimed limitations cannot be disregarded based on a drug product’s commercial viability or FDA approval. Teaching...
View ArticlePTAB Ruling Tainted by Hindsight; Failure to Consider Undisputed Commercial...
The Federal Circuit also remanded to the Board further consideration of the undisputed evidence presented by Polaris that its ATVs were a commercial success. Polaris presented undisputed evidence that...
View ArticleMisapplication of Obviousness: What the MPEP gets wrong about obviousness...
MPEP 2141 actually cites to Arendi, but then quotes the case entirely out of context. This is a worrisome problem that can be found in many parts of the MPEP, which makes the MPEP a useful reference...
View ArticleFederal Circuit: Presence of a Blocking Patent Can Negate Strong Objective...
The United States Court of Appeals for the Federal Circuit recently issued a ruling affirming a district court’s finding that certain pharmaceutical patent claims owned by Acorda were invalid due to...
View ArticleFederal Circuit Reverses, Finds Opioid Addiction Treatment Patent Nonobvious
The Federal Circuit reversed the District of Delaware’s decision to invalidate Orexo’s opioid treatment patent as obvious because obviousness was not proved by clear and convincing evidence....
View ArticleFederal Circuit Upholds PTAB Finding that Frymaster’s Patent is Not Obvious
The U.S. Court of Appeals for the Federal Circuit (CAFC) decided an appeal by Henny Penny Corporation (HPC) on September 12 involving HPC’s inter partes review (IPR) petition of U.S. Patent 8,497,691...
View Article
