The Situation: In a Hatch-Waxman litigation, a district court determined that the claims covering a method of using the drug everolimus to treat kidney cancers were not obvious. The court found a ...
Addressing the obviousness analysis for method of treatment claims, the US Court of Appeals for the Federal Circuit affirmed the district court’s finding of non-obviousness but rejected part of its ...
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“The public outcome of compound claim cases indicates that the success rate is much lower when compared with challenges of other types of claims.” Patent challenges are an indispensable part of the ...
“The [so-called lead compound rule] is in tension with other aspects of obviousness jurisprudence as set forth in decisions of the Federal Circuit itself.” “For a new chemical compound, we apply a two ...
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...