Pharma Case Highlights Importance Of Unrebutted Evidence

Law360, New York (November 13, 2017, 4:33 PM EST) -- On Nov. 1, 2017, the Federal Circuit reversed Judge Gregory Sleet’s (District of Delaware) decision that Bayer’s asserted patent was not invalid for obviousness. Bayer Pharma AG et al. v. Watson Labs. Inc., et al., No. 2016-2169 (Fed. Cir. Nov. 1, 2017). According to the Federal Circuit, Judge Sleet failed to address several prior art references relied upon by defendants to argue motivation to combine prior art teachings. The court also applied a stringent standard for proving a “teaching away” of a formulation i.e., it is...
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