United States Federal Circuit

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Los Angeles Biomedical Research Institute at Harbor-UCLA Medical Ctr. v. Eli Lily and Co., 2016-1518

In an appeal of a decision of the Patent Trial and Appeal Board holding all claims of a patent, which claims a method of arresting or regressing a condition known as penile fibrosis, unpatentable as obvious, the Board's decision is vacated and remanded where: 1) the Board's obviousness determination was predicated on an erroneous claim construction of two of the limitations of claim 1; and 2) the Board did not make factual findings as to whether there was an apparent reason to combine the prior art references to treat penile fibrosis and whether a person of skill in the art would have had a reasonable expectation of success from such a combination.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/02/28




  • United States Federal Circuit


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