United States Federal Circuit

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Genzyme Therapeutic Prods. Ltd. P'ship v. Biomarin Pharm. Inc., 2015-1720

In an appeal from decisions of the Patent Trial and Appeal Board in two inter partes review proceedings involving patents directed to treating Pompe's disease with injections of human acid α-glucosidase, the Board's decisions are affirmed over meritless claims that: 1) the Board violated the requirements of notice and an opportunity to respond found in the Administrative Procedure Act (APA); 2) the Board erred in its claim construction; 3) the Board erred by not making an explicit finding as to the level of skill of a person of ordinary skill as part of its obviousness analysis; and 4) substantial evidence does not support the Board's finding of a likelihood of success from the combination of the prior art references.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2016/06/14




  • United States Federal Circuit


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