Lately, I’ve been feeling that the only case law engaging enough to write about has involved S. 101 issues, so it was a welcome break to comment on some classic principles of organic chemistry.
Apotex filed an IPR petition that Wyeth’s U.S. Patent No. 8,879,828 was obvious in view of four references. The Board granted the petition but went on to find that the antibiotic compositions claimed in the patent were not obvious. The Fed. Cir. agreed that the Board’s final decision was supported by substantial evidence (Appeal No. 2015-1851 (Fed. Cir., August 6, 2016) —Judges Lourie, Wallach and Hughes, Lourie writing).