Federal Circuit Reaffirms That There Is No 'Reasonable Expectation Of Success' In Trying To Invalidate A Chemical Compound Claim As Obvious | Kilpatrick Townsend & Stockton LLP
To embed, copy and paste the code into your website or blog: The Federal Circuit (in an unpublished opinion) recently reaffirmed the difficulty generic challengers face when trying to establish chemical structural obviousness to invalidate a drug compound patent claim. 1 This recent ruling involved Takeda’s U.S. Patent No. 7,807,689 (“the ‘689 Patent”), which claims alogliptin, a uracil-containing dipeptidyl peptidase IV (“DPP-IV”) inhibitor used to treat Type II diabetes. The ‘689 Patent is listed in the Orange Book for Takeda’s anti-diabetes drug products, Nesina ®, Kazano ...
Source: jdsupra.com