No. 18-441

Accord Healthcare, Inc., et al. v. UCB, Inc., et al.

Lower Court: Federal Circuit
Docketed: 2018-10-09
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: 35-usc-103 lead-compound obviousness patent patent-invalidation patent-law pharmaceutical pharmaceutical-compound prior-art
Key Terms:
Arbitration Patent
Latest Conference: 2018-11-16
Question Presented (AI Summary)

Whether the Federal Circuit erred in holding that a patent claim to an obvious modification of a prior art compound was not invalid as obvious under 35 U.S.C. §103(a) because the prior art compound would not have been selected as a 'lead compound' that was 'most promising to modify in order to improve upon its activity and obtain a compound with better activity?

Question Presented (OCR Extract)

QUESTION PRESENTED Did the Federal Circuit commit error in holding that a patent claim to an obvious modification of aprior art compound was not invalid as obvious under 35 U.S.C. §103(a) because the prior art compound would not have been selected as a “lead compound” that was “most promising to modify in order to improve upon its activity and obtain a compound with better activity?

Docket Entries

2018-11-19
Petition DENIED.
2018-11-08
Brief amicus curiae of Association for Accessible Medicine filed.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-18
Waiver of right of respondents UCB, Inc., et al. to respond filed.
2018-10-03
Petition for a writ of certiorari filed. (Response due November 8, 2018)

Attorneys

Accord Healthcare, Inc., et al.
Richard G. GrecoRichard G. Greco PC, Petitioner
Association for Accessible Medicine
Richard Jerold HoskinsSchiff Hardin LLP, Amicus
UCB, Inc., et al.
Adam R. GahtanFenwick & West, LLP, Respondent