obviousness-standard
6 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23-768 | Vanda Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc., et al. | Federal Circuit | 2024-01-17 | Denied | Amici (3)Response RequestedResponse WaivedRelisted (2) | federal-circuit innovation-standard ksr-international-co-v-teleflex KSR-precedent obviousness obviousness-standard patent patent-law predictable-results reasonable-expectation-of-success | Whether obviousness requires a showing of "predictable" results, as this Court held in KSR, or a mere "reasonable expectation of success," as the Fede… |
| 21-893 | Apotex Inc., et al. v. Cephalon, Inc., et al. | Federal Circuit | 2021-12-16 | Denied | 35-usc-103 drug-reformulation inventive-process ksr-v-teleflex motivation motivation-to-combine obviousness obviousness-standard patent patent-law person-of-ordinary-skill prior-art | Whether claimed inventions involving reformulating and administering an old drug in ways that are no better than prior techniques, and which had been … | |
| 20-1119 | Amarin Pharma, Inc., et al. v. Hikma Pharmaceuticals USA Inc., et al. | Federal Circuit | 2021-02-16 | Denied | Amici (3)Response RequestedResponse WaivedRelisted (2) | 35-usc-103 graham-factors graham-v-john-deere hindsight-bias innovation innovation-protection nonobviousness-indicia objective-indicia obviousness-standard patent patent-law | Whether a court must consider objective indicia of nonobviousness together with the other factors bearing on an obviousness challenge before making an… |
| 18-1418 | Senju Pharmaceutical Co., Ltd., et al. v. Akorn, Inc. | Federal Circuit | 2019-05-13 | Denied | 35-usc-144 federal-circuit mandate non-obviousness obviousness-standard opinion patent-appeal patent-appeals patent-law patent-trial-and-appeal-board rule-36 statutory-interpretation | 1. Whether 35 U.S.C. § 144's directive that the Federal Circuit "shall issue … its mandate and opinion" in all appeals from the Patent and Trademark O… | |
| 18-1072 | James J. Macor v. United States Patent and Trademark Office | Federal Circuit | 2019-02-15 | Denied | Response Waived | 35-usc-102 35-usc-103 administrative-law analogous-art obviousness obviousness-standard patent patent-examination patent-law prior-art statutory-interpretation | In making rejections under 35 U.S.C. § 103(a) as obvious, what standard should be applied in determining whether prior art is "analogous," and, if the… |
| 18-823 | ZUP, LLC v. Nash Manufacturing, Inc. | Federal Circuit | 2018-12-28 | Denied | Amici (1)Response Waived | invention invention-evaluation legal-analysis long-felt-need non-obviousness obviousness obviousness-standard patent patent-invalidity patent-law prima-facie prior-art rebuttal secondary-considerations | Whether evidence of "secondary considerations" (e.g., a long-felt, but unresolved, need for the patented invention) is less important, functioning at … |