Category Archives: Obviousness-Teaching Away

Merck Sharpe & Dohme Corp. v. Pfizer Inc.

IPR2017-02131 U.S. Pat. No. 9,492,559 B2 March 13, 2019 Brief summary: Board FWD found that the challenged claims relating to Pfizer’s Prevnar(TM) 13 vaccine were shown by a preponderance of the evidence to be unpatentable for obviousness. Summary: The Board … Continue reading

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Nippon Suisan Kaisha Ltd. v. Pronova Biopharm Norge AS

Docket No. 2017-2620 (US 9,447,360) Post-Grant Review PGR2017-00033 Final Written Decision (January 16, 2019) Brief summary: Board PGR decision finding claims 1-21 and 26 of Nippon’s fish oil-related claims unpatentable for indefiniteness, anticipation and obviousness affirmed (claims 22-25 were cancelled). … Continue reading

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In Re: Copaxone Consolidated Cases / Teva Pharm. USA, Inc. et al. v. Sandoz Inc. et al.

Docket No. 2017-1575 REYNA, BRYSON, STOLL October 12, 2018 Brief summary: DC decision finding Teva/Yeda’s patents relating to COPAXONE® invalid for obviousness affirmed. Summary: Teva (Yeda) appealed DC decision (regarding five consolidated cases) invalidating US 8,232,250; 8,399,413; 8,969,302; and 9,155,776 … Continue reading

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Acorda Therapeutics, Inc. / Alkermes Pharma v. Roxane / Mylan / Teva (“Defendants”)

Docket No. 2017-2078, -2134 NEWMAN (D), DYK, TARANTO September 10, 2018 Brief summary: DC invalidation of four Orange Book (“OB”) patents relating to Acorda’s Ampyra® product for obviousness affirmed. Summary: Acorda appealed DC finding that the claims of its four … Continue reading

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Docket No. 2017-1855 (IPR2015-01524) REYNA, BRYSON, HUGHES June 27, 2018 Non-precedential Brief summary: Board IPR FWD finding Elbrus’s claims obvious affirmed (e.g., no teaching away as “nothing in Sukegawa discourages precharging”).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