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Impermissibly Redefining 'Long-Felt Need' Using Hindsight

Law360 (March 2, 2018, 12:28 PM EST) -- Establishing long-felt need requires objective evidence that an art-recognized problem existed for a long period of time without solution.[1] In the past, courts identified the long-felt but unmet need as an art-recognized problem that was not necessarily defined in terms of the solution set forth in the claimed invention. For example, in AstraZeneca Pharmaceuticals LP v. Anchen Pharmaceuticals Inc.[2], the claims of the patent-in-suit were directed to sustained release formulations of the antipsychotic compound quetiapine and a method for treating psychotic states or hyperactivity by administering...
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