Category Archives: Obviousness

Vanda v. Roxane Labs. – Are Two Natural Laws Better Than One?

Posted on September 26, 2016 by Warren Woessner

As you will recall, in Prometheus v. Mayo, the Supreme Court held that a claim reciting a natural law had to have other non-conventional steps to pass muster under s. 101. The natural law in Mayo was the correlation between … Continue reading →

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Apotex v Wyeth Explores Structural Obviousness

Posted on September 1, 2016 by Warren Woessner

Lately, I’ve been feeling that the only case law engaging enough to write about has involved S. 101 issues, so it was a welcome break to comment on some classic principles of organic chemistry. Apotex filed an IPR petition that … Continue reading →

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Ignorance is Bliss – for Teva

Posted on August 4, 2014 by Warren Woessner

I did not pay much attention to the fairly recent panel decision in Bristol-Myers Squibb Co. v. Teva Pharma. USA, 757 F.3d 967 (Fed. Cir. 2014). It seemed like a fairly routine panel affirmance of the district court’s finding that … Continue reading →

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K/S HIMPP v. Hear-Ware Technologies, LLC – Splitting a KSR Hair

Posted on June 2, 2014 by Warren Woessner

In KSR, the Court seemed to encourage the broader use of the “logic, judgment, and common sense available to the person of ordinary skill that do not necessarily require explication in any reference” to resolve the obviousness question.  587 F.3d … Continue reading →

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