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Expert Analysis

Obvious-To-Try Lessons From 2 Fed. Circ. Rulings

Law360, New York (May 28, 2014, 8:50 PM EDT) -- The Federal Circuit's recent rulings in Hoffmann-La Roche Inc. v. Apotex Inc., No. 2013-1128 (April 11, 2014) and Sanofi-Aventis Deutschland GmbH v. Glenmark Pharms. Inc., No. 2012-1489 (April 21, 2014) highlight a challenge for practitioners addressing claims of invalidity based on the theory that a combination of prior art would be obvious to try: While the obvious-to-try analysis takes place at the time of invention, secondary considerations of nonobviousness may be relevant no matter when they arise....

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