In OSI v. Apotex, Appeal no. 2018-1925 (Fed. Cir., October 4, 2019), the panel reversed the PTAB and found that the method of treatment claims in U.S. Pat. No. 6,900,221 were not obvious over a primary reference taken with each of two secondary references. The claims were to a method of treating non-small cell lung cancer by administering to a mammal a therapeutically effective amount of erlotinib (Tarceva®). The panel found that the cited combinations of references, Schnur in view of Gibbs or OSI’s Form 10-K as it was presented in its 10-K submission, would not provide a reasonable expectation of success in treating NSCLC to the POSA.
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Certified Licensing Professionals, Inc., 2021 Disclaimer
This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.
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