Senju Pharmaceutical Co., Ltd., et al. v. Akorn, Inc.
ERISA Patent Trademark Copyright Privacy
Whether 35 U.S.C. § 144's directive that the Federal Circuit shall issue ... its mandate and opinion' in all appeals from the Patent and Trademark Office precludes the Federal Circuit from resolving such appeals through a Rule 36 judgment of affirmance without opinion
QUESTIONS PRESENTED 1. Whether 35 U.S.C. § 144’s directive that the Federal Circuit “shall issue ... its mandate and opinion” in all appeals from the Patent and Trademark Office precludes the Federal Circuit from resolving such appeals through a Rule 36 judgment of affirmance without opinion. 2. Whether, under this Court’s decisions in Graham v. John Deere Co., 383 U.S. 1 (1966), and KSR International Co. v. Teleflex Inc., 550 U.S. 398 (2007), the Patent Trial and Appeal Board must consider all relevant evidence, including any objective indicia of non-obviousness, when assessing whether a patent is invalid under 35 U.S.C. § 103.