Obviousness and Pharmaceutical Method of Treatment Claims
Patently O
APRIL 1, 2024
In the ensuing Hatch-Waxman litigation, Teva stipulated to infringement but challenged the patent on obviousness and indefiniteness grounds. ” Second, the court’s emphasis on a flexible, holistic approach to analyzing prior art aligns with KSR ‘s guidance and is particularly significant for method of use claims.
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