PTAB Weighs Obviousness Standard In Gene Therapy Case

By Britain Eakin (April 22, 2020, 10:16 PM EDT) -- The Patent Trial and Appeal Board wrestled Wednesday with Arbutus Biopharma's argument that its rival failed to prove that claims in its patent covering a drug delivery composition are obvious on their face because their formulations overlap with those disclosed in existing technology.

Arbutus Biopharma Corp. contests that the formulations in its claimed genetic therapy invention are disclosed in the prior art, but argued during a roughly two-hour telephone hearing that even if that were the case, Moderna Therapeutics Inc. must still show that a skilled artisan would have been motivated to combine elements of prior art to arrive at the...

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