Alexandra Cavazos, PhD
Analogous Art Must Be Compared to Challenged Patent
By Alexandra Cavazos, PhD on May 25, 2023
Posted In America Invents Act, Patents
The US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board obviousness decision, finding that a prior art reference relating to automotive engine parts was not analogous art to the challenged patent, which related to injection devices used for drug delivery. Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc., Case No....
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Breaking Up Is Hard to Do: Validity Upheld Based on Expert Separation Testimony
By Alexandra Cavazos, PhD on Apr 27, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court decision finding that two patents covering enantiomerically pure compositions of the psoriasis drug Otezla® (apremilast) were valid and one patent covering a dosage titration schedule was invalid as obvious. Amgen Inc. v. Sandoz Inc. Case No. 22-1147 (Fed. Cir. Apr. 19, 2023)...
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Overlapping Ranges in Prior Art Put Burden on Patentee to Show Criticality
By Alexandra Cavazos, PhD on Apr 20, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit found that the challenged patents were invalid as anticipated and obvious in a case involving claimed ranges and prior art that included teachings with overlapping ranges. UCB, Inc. v. Actavis Laboratories UT, Inc., Case No. 21-1924 (Fed. Cir. Apr. 12, 2023) (Moore, C.J.; Chen, Stoll, JJ.)...
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You Can’t Skirt around Obviousness by Arguing Expectation of Success Must Be Absolute
By Alexandra Cavazos, PhD on Feb 16, 2023
Posted In Patents
Affirming an obviousness decision by the Patent Trial & Appeal Board (Board), the US Court of Appeals for the Federal Circuit explained that the expectation of success need only be reasonable and not absolute. Transtex Inc. v. Vidal, Case No. 20-1140 (Fed. Cir. Feb. 3, 2023) (Prost, Reyna JJ.) (Schall, J. dissenting). Transtex makes aerodynamic...
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Applying Collateral Estoppel in IPRs
By Alexandra Cavazos, PhD on Dec 15, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit considered whether a dependent claim invalidated by collateral estoppel also invalidates its parental independent claim. Google LLC v. Hammond Devel. Int’l, Inc., Case No. 21-2218 (Fed. Cir. Dec. 8, 2022) (Moore, C.J.; Chen, Stoll, JJ.) The dispute began when Hammond Development sued Google, alleging that Google...
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For Inherent Anticipation, How Many Is Too Many?
By Alexandra Cavazos, PhD on Oct 13, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) decision that prior art disclosing a class of 957 salts could not inherently anticipate claims to a salt within the class because a skilled artisan could not “at once envisage” every class member. Mylan Pharms. Inc. v. Merck...
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