Fed. Circ. Says Hard Facts Key To Obviousness Rulings

Law360, New York (April 16, 2012, 5:02 PM EDT) -- The Federal Circuit said Monday that courts must consider all objective evidence before ruling on a patent's obviousness in overturning a lower court's ruling that two patents on Cephalon Inc.'s muscle relaxant Amrix were invalid for obviousness.

A three-judge panel found that U.S. District Judge Sue L. Robinson didn't give enough weight to the fact that others had tried, and failed, to make similar drugs to Amrix in the past or to evidence about how little was known about the relationship between the levels of the...
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