Category Archives: Obviousness

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 →

Posted in Obviousness | Tagged biotechnology, biotechnology appeal, biotechnology law, biotechnology news, Bristol Myers v Teva Pharma, Federal Circuit, intellectual property, ip, IPO, Patent Law, patents, Warren Woessner | 1 Comment

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 →

Posted in Obviousness | Tagged Hear-Ware, HIMPP, judge dyk, Judge Lourie, KSR, Patent Law, reexamination, Warren Woessner | Leave a comment

NOVARTIS A.G. v. UOI – What is Novelty in Indian Courts?

Posted on April 8, 2013 by Warren Woessner

Can everything old be made new again? Lots has been written about the Indian Supreme Court rejecting a patent application claiming a crystal modification of imatinib mesylate (Gleevec), which is used to treat CML. Novartis’ attempt to “evergreen” Gleevec with … Continue reading →