Category Archives: Obviousness

Apotex v Wyeth Explores Structural Obviousness

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 … Continue reading

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Ignorance is Bliss – for Teva

I did not pay much attention to the fairly recent panel decision in Bristol-Myers Squibb Co. v. Teva Pharma. USA, 757 F.3d 967 (Fed. Cir. 2014). It seemed like a fairly routine panel affirmance of the district court’s finding that … Continue reading

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K/S HIMPP v. Hear-Ware Technologies, LLC – Splitting a KSR Hair

In KSR, the Court seemed to encourage the broader use of the “logic, judgment, and common sense available to the person of ordinary skill that do not necessarily require explication in any reference” to resolve the obviousness question.  587 F.3d … Continue reading

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NOVARTIS A.G. v. UOI – What is Novelty in Indian Courts?

Can everything old be made new again?  Lots has been written about the Indian Supreme Court rejecting a patent application claiming a crystal modification of imatinib mesylate (Gleevec), which is used to treat CML.  Novartis’ attempt to “evergreen” Gleevec with … Continue reading

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