Tag Archives: 103

Federal Circuit Permits Post-Filing Date Unexpected Results To Support Non-Obviousness

The Federal Circuit decision in Genetics Institute, LLC v. Novartis Vaccines & Diagnostics, Inc. is interesting in several respects. In this article, I look at the court’s decision to permit unexpected results discovered after the patent applications at issue were filed to support non-obviousness.… Continue reading this entry

Federal Circuit Finds Low-Dose Product Claims Obvious Over Medical Reference Book

In Tyco Healthcare Group LP v. Mutual Pharmaceutical Co., Inc., the Federal Circuit affirmed the district court’s finding that product claims reciting a specific dose of temazepam were obvious in view of an entry in a medical reference book. Although Tyco tried to overcome the disclosure with evidence of unexpected results and commercial success, its … Continue reading this entry

Tidbits from Tokai

The Federal Circuit decision in Tokai Corp. v. Easton Enterprises, Inc. touches on several “hot” issues in patent law. While the case involved a mechanical invention, the principles are applicable across the board, and may arise in the context of pharmaceutical and biotech patent challenges. The Patents At Issue The patents at issue (U.S. 5,697, 775; … Continue reading this entry