Category Archives: Inherency

Southwire Company v. Cerro Wire LLC et al.

Docket No. 2016-2287 LOURIE, MOORE, HUGHES September 8, 2017 Brief summary: PTAB obviousness conclusion affirmed (30% reduction limitation is “an observed result on an old process”). Summary: Southwire appealed PTAB inter partes reexamination decision that claims 1-42 of US 7,557,301 … Continue reading

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Honeywell International Inc. v. Mexichem Amanco Holdings S.A. et al.

Docket No. 2016-1996 LOURIE, REYNA, WALLACH August 1, 2017 Brief summary: Board affirmance of obviousness rejections vacated and remanded because, e.g., it erred “in dismissing properties of the claimed invention as merely inherent, without further consideration as to unpredictability and … Continue reading

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Eli Lilly and Company v. The Trustees of The University of Pennsylvania

IPR2016-00458 (US 7,625,558) Final Written Decision July 13, 2017 Brief summary: PTAB FWD found claims of Penn’s ‘558 patent allegedly relating to Lilly’s Erbitux® (centuximab) to be invalid for obviousness. Summary: IPR as to claims 1-7, 9-12, 14, 16, 17, … Continue reading

Posted in Claim Construction, Inherency, Inter Parties Review (IPR), IPR, Obviousness, Obviousness-Teaching Away | Leave a comment

U.S. Water Services, Inc., Roy Johnson v. Novozymes A/S et al.

Docket No. 2015-1950, -1967 WALLACH, HUGHES, STOLL December 15, 2016 Brief Summary: DC grant of SJ for invalidity (inherent anticipation) reversed; grant of SJ of no inequitable conduct affirmed. Summary: U.S. Water (USW) appealed DC grant of SJ to Novozymes … Continue reading

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Abbott GmbH & Co. KG v. Yeda Res. Develop. Co., Ltd.

Docket No. 2015-1662 REYNA, WALLACH, HUGHES September 20, 2016 Brief Summary: DC decision that Abbott’s “purified and isolated TNF[alpha]-binding protein” claimed in US 5,344,915 is inherently disclosed by a German priority document affirmed. Summary: Yeda appealed 2008 and 2015 DC … Continue reading

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Par Pharmaceutical, Inc. et al. v. TWI Pharmaceuticals, Inc.

Docket Nos. 2014-1391 O’MALLEY, WALLACH, HUGHES December 3, 2014 Brief Summary: DC decision that pharmaceutical formulation would have been obvious vacated and remanded as being improperly reliant on inherency (to be relevant, “the limitation at issue necessarily must be present, … Continue reading

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