United States Federal Circuit
South Alabama Med. Science Found. v. Gnosis S.P.A., 2014-1778
In a companion case to Merck & Cie v. Gnosis S.p.A., No. 14-1777 (Fed. Cir. Dec. 17, 2015), challenging the findings of the Patent Trial and Appeals Board findings of invalidity for obviousness, the Board's findings are affirmed over plaintiff's argument that the prior art taught away from its claimed use of a reduced folate to treat folate deficiency, and that objective indicia of non-obviousness further demonstrate the validity of its patents, where the Board ultimate conclusion of obviousness was correct.
Appellate Information
- Published 2015/12/17
Judges
- HUGHES
Court
- United States Federal Circuit