Federal Circuit ruling clears way for approval of generic version of Fentora *

USA - March 29 2013
Addressing allegations of patent infringement by a generic version of Fentora®, the U.S. Court of Appeals for the Federal Circuit reversed in…

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Generics challenge to Crestor patent fails *

USA - January 31 2013
In a case involving multiple defendants seeking to sell generic versions of the drug rosuvastatin calcium, currently marketed as Crestor®, the U…

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Obviousness-type double patenting requires a reason to modify with a reasonable expectation of success *

USA - October 31 2012
Addressing the issue of obviousness-type double patenting, the U.S. Court of Appeals for the Federal Circuit reaffirmed its earlier rulings that obviousness must be judged by whether the differences in subject matter between the new claim and the earlier claim are patentably distinct.

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“Clear and convincing” is the standard for obviousness no matter what *

USA - July 31 2012
Clarifying the standards and burdens associated with an obviousness analysis, the U.S. Court of Appeals for the Federal Circuit found that the presumption of validity and burden of proving obviousness do not change regardless of the facts of a particular case.

Co-authors: Clifford R. Lamar, II.

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Federal Circuit affirms structural obviousness analysis *

USA - May 30 2012
The U.S. Court of Appeals for the Federal Circuit, in addressing the standard for establishing when a chemical compound is obvious based on prior art compounds, reiterated its two-part framework earlier established in Takeda Chemical Industries, Ltd. v. Alphapharm Pty., Ltd. (see IP Update, Vol. 10, No. 7).

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