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Bristol-Myers V. Teva: What Doomed The Entecavir Patent

Law360, New York (November 3, 2014, 10:15 AM EST) -- In the unpredictable arts, nonobviousness can sometimes boil down to the existence of unexpected properties in a claimed invention. For a patentee in litigation, it can be important to focus on the actual differences between the claims and prior art, and how those differences would not have been expected. Failure to do so runs the risk that a court or jury may fail to conduct a proper analysis of the unexpected properties prong of an obviousness inquiry. This scenario appears to have been at work in the recent litigation that led to invalidation of a claim covering the hepatitis B drug entecavir for obviousness.[1]...

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