Patent Law Weblog

recent posts

about

Category: Obviousness

  • Pfizer, Inc. v. Apotex, Inc. (Fed. Cir. 2007)

        By Donald Zuhn — In an appeal from a District Court judgment of validity, enforceability, and infringement, the Federal Circuit reversed the District Court’s finding of validity, holding that U.S. Patent No. 4,879,303 (the ‘303 patent) was rendered obvious by, inter alia, U.S. Patent No. 4,572,909 (the ‘909 patent) and Berge, 1977, "Pharmaceutical…

  • Innogenetics v. Abbott Labs. (W.D. Wis. 2007)

    Innogenetics Wins $7 Million Judgment Against Abbott for Infringing HCV Genotyping Method     By Robert Dailey — Judge Barbara Crabb, in an opinion issued last week, rejected all of Abbott's post-trial motions and upheld an earlier $7 million verdict against its diagnostics division for infringing an Innogenetics patent. Innogenetics owns U.S. Patent Number 5,846,704…

  • Eli Lilly & Co. v. Zenith Goldline Pharm., Inc. (Fed. Cir. 2006)

        By Kevin Noonan — With the Supreme Court's decision in KSR Int'l Co. v. Teleflex Inc. on the horizon, the Federal Circuit continues to tiptoe around the standards for obviousness.  The most recent example can be found in it opinion affirming a decision of no invalidity in Eli Lilly & Co. v. Zenith…

  • Sanofi-Synthelabo v. Apotex, Inc. (Fed. Cir. 2006)

        By Donald Zuhn — In an appeal from a District Court decision granting a preliminary injunction in favor of Plaintiffs-Appellees Sanofi-Synthelabo, Sanofi-Synthelabo, Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership (Sanofi), the Federal Circuit concluded that the District Court did not abuse its discretion in granting preliminary injunctive relief, and thus, affirmed the District…

  • Ex parte Levi (B.P.A.I. 2006)

        By Mark Chael — On November 24, 2006, the Board of Patent Appeals and Interferences (BPAI) at the U.S. Patent and Trademark Office affirmed the examiner's rejection of the pending claims in U.S. Patent App. No. 10/305,577 (U.S. Patent App. Publication No. 2004/0101613) based on obviousness.  The invention disclosed in the application relates…