Challenger Tells Federal Circuit Patent Wrongly Deemed Nonobvious

Mealey's (September 29, 2017, 11:40 AM EDT) -- WASHINGTON, D.C. — A decision by the Patent Trial and Appeal Board that confirmed the patentability of the rheumatoid arthritis drug Orencia despite findings in the same ruling that a person of ordinary skill in the art (POSITA) would have been motivated to make the claimed invention was erroneous, the patent owner recently told the Federal Circuit U.S. Court of Appeals (Momenta Pharmaceuticals Inc. v. Bristol-Myers Squibb Co., No. 17-1694, Fed. Cir.)....