United States Federal Circuit

In a patent infringement suit involving an application for a generic drug, summary judgment for the patent-holder is reversed where the district court erred in rejecting defendant's claim that the patent in question was obvious since requiring an explicit teaching to purify the drug from a mixture in which it is the active ingredient in order to demonstrate obviousness constituted the exact kind of rigid application of the "teaching, suggestion, or motivation" test that the Supreme Court disapproved of in KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727 (2007).

Appellate Information

• Decided 09/11/2007
• Published 09/11/2007

Judges

Court

• United States Federal Circuit

Counsel