Fed. Circ. Says PTAB Wrongly Nixed Patent In Eli Lilly Case

By Ryan Davis (February 28, 2017, 7:34 PM EST) -- The Federal Circuit ruled Tuesday that the Patent Trial and Appeal Board incorrectly invalidated an Eli Lilly-challenged patent on treating a condition related to erectile dysfunction, saying that the board did not sufficiently establish the invention was obvious.

In a 2-1 decision, a three-judge panel vacated the board's inter partes review decision that a patent the Los Angeles Biomedical Research Institute accused Eli Lilly and Co.'s drug Cialis of infringing would be obvious in light of three prior art references. That finding was based on an incorrect claim construction, and the board did not make sufficient obviousness findings, the panel majority...

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