No. 21-893

Apotex Inc., et al. v. Cephalon, Inc., et al.

Lower Court: Federal Circuit
Docketed: 2021-12-16
Status: Denied
Type: Paid
Tags: 35-usc-103 drug-reformulation inventive-process ksr-v-teleflex motivation motivation-to-combine obviousness obviousness-standard patent patent-law person-of-ordinary-skill prior-art
Key Terms:
Antitrust Patent Trademark
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether claimed inventions involving reformulating and administering an old drug in ways that are no better than prior techniques, and which had been taught and suggested in the prior art, are nevertheless patentable although these formulations and methods were at least 'obvious to try' under this Court's decision in KSR, Int'l v. Teleflex, Inc., merely because the court found that a person of ordinary skill in the art would not have been sufficiently motivated to make and administer the drug in this way

Question Presented (OCR Extract)

QUESTION PRESENTED Whether claimed inventions involving reformulating and administering an old drug in ways that are no better than prior techniques, and which had been taught and suggested in the prior art, are nevertheless patentable although these formulations and methods were at least “obvious to try” under this Court’s decision in KSR, Int7 v. Teleflex, Inc., merely because the court found that a person of ordinary skill in the art would not have been sufficiently motivated to make and administer the drug in this way.

Docket Entries

2022-02-22
Petition DENIED.
2022-02-02
DISTRIBUTED for Conference of 2/18/2022.
2021-12-14
Petition for a writ of certiorari filed. (Response due January 18, 2022)

Attorneys

Apotex, Inc., et al.
Steven Eric FeldmanHahn Loeser and Parks LLP, Petitioner
Steven Eric FeldmanHahn Loeser and Parks LLP, Petitioner