Category Archives: Obviousness-Teaching Away

Impax Laboratories Inc., AstraZeneca AB et al. V. Lannett Holdings Inc. et al.

Docket No. 2017-2020 LOURIE, DYK, TARANTO June 28, 2018 Brief summary: DC finding that Impax’s (AZ’s) patents encompassing the migraine drug Zomig® were not invalid for obviousness affirmed (agreeing with the DC “that this case was close”). Summary: Lannex appealed … Continue reading

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Elbrus International Limited v. Samsung Electronics Co., Ltd.

Docket No. 2017-1855 (IPR2015-01524) REYNA, BRYSON, HUGHES June 27, 2018 Non-precedential Brief summary: Board IPR FWD finding Elbrus’s claims obvious affirmed (e.g., no teaching away as “nothing in Sukegawa discourages precharging”). Summary: Elbrus appealed Board IPR final written decision (FWD) … Continue reading

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Sirona Dental Systems GmbH v. Institut Straumann AG, Dental Wings Inc.

Docket No. 2017-1341, -1403 (IPR2015-01190) PROST, MOORE, STOLL June 19, 2018 Brief summary: Board’s finding of obviousness of claims 1-8, and non-obviousness of claims 9-10 affirmed. Board found to have erred because the pre-Aqua (FC 2017) FWD “improperly placed the … Continue reading

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PGS Geophysical AS v. USPTO

Docket No. 2016-2470, -2472, -2474 (IPR2015-00309, -00310, -0311) WALLACH, TARANTO, STOLL June 7, 2018 Brief summary: PTAB decision of obviousness affirmed. PTAB decision to only review certain claims and grounds included in IPR Petition not to be error in view … Continue reading

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Kite Pharma, Inc. v. Sloan-Kettering Institute for Cancer Research

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1647.Rule_36_Judgment.6-5-2018.1.pdf Docket No. 2017-1647 (IPR2015-01719) Judgment (non-precedential) June 6, 2018 Brief summary: PTAB 2016 decision that Kite did not prove by a preponderance of the evidence that SKI’s claims of US 7,446,190 B2 to chimeric T-cell receptors (“CAR-T”) invalid for … Continue reading

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ICOS Corporation v. Actelion Pharmaceuticals Ltd.

Docket No. 2017-1017, -1018 (IPR2015-00561, -00562) MOORE, LINN, CHEN April 18, 2018 Non-precedential Brief summary: PTAB findings of invalidity for obviousness of the claims of ICOS’ Orange Book-listed patents for tadalafil (Eli Lilly’s Cialis®) affirmed. Summary: ICOS appealed PTAB IPR … Continue reading

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In re: Gregory A. Brandt, John B. Letts, Firestone Building Prods. Co., LLC

Docket Nos. 2016-2601 LOURIE, REYNA, TARANTO March 27, 2018 Brief summary: Board decision affirming examiner’s obviousness rejection affirmed (e.g., because the ranges “abut one another,…there is no meaningful distinction” that was not overcome “with persuasive argument and/or evidence”). Summary: Brandt … Continue reading

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