Whether the Federal Circuit erred in holding that objective indicia of non-obviousness may be partially or entirely discounted where the development of the invention was allegedly 'blocked' by the existence of a prior patent

QUESTIONS PRESENTED Whether the Federal Circuit erred in this case, as it did in Acorda Therapeutics, Inc. v. Roxanne Laboratories, Inc., 903 F.3d 1310 (Fed. Cir. 2018), in holding that objective indicia of non-obviousness may be partially or entirely discounted where the development of the invention was allegedly “blocked” by the existence of a prior patent, and, if so, further erred by making an implicit finding that an invention was “blocked,” without requiring evidence of or making a finding of actual blocking, and in the face of evidence to the contrary. ii RULES 14.1(b) AND 29.6 STATEMENT All parties are identified in the caption of this petition. Petitioner Allergan, Inc. is an indirect subsidiary of Allergan ple. Petitioner Saint Regis Mohawk Tribe is a Indian Tribe.