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.

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