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Obviousness and Pharmaceutical Method of Treatment Claims

Patently O

In the ensuing Hatch-Waxman litigation, Teva stipulated to infringement but challenged the patent on obviousness and indefiniteness grounds. ” Second, the court’s emphasis on a flexible, holistic approach to analyzing prior art aligns with KSR ‘s guidance and is particularly significant for method of use claims.

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Comparing Recent Federal Circuit Judges

Above The Law

Decision The Ninth Circuit reversed the district courts decision to dismiss the Unruh Act claim, ruling that the federal court should have kept jurisdiction over it. The court noted that the claim was already largely resolved by the ADA ruling, and sending it to state court would be inefficient and unnecessary.