Fed. Circ. Urged To End 'Unrealistic' Obviousness Test

Law360 (May 20, 2020, 5:06 PM EDT) -- A biotech trade group is urging the Federal Circuit to use a patent case involving Amarin Pharma's blockbuster heart drug Vascepa to end the court's "unrealistic" approach to determining whether a patent is invalid that "tilts the scales in favor of obviousness."

In an amicus brief filed Monday, the Biotechnology Innovation Organization called on the appeals court to get rid of or clarify its "prima facie framework" for evaluating obviousness, in which the court first looks at whether there is an initial case that a patent is obvious before considering whether other evidence — such as commercial success — outweighs that...

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