Biopharmaceutical Company Seeks Review Of Objective Indicia Of Nonobviousness
(April 14, 2016, 1:48 PM EDT) -- WASHINGTON, D.C. — An appellate court incorrectly disregarded objective indicia of nonobviousness that clearly apply to the claimed patent invention, a biopharmaceutical company argues in a March 28 petition seeking review by the U.S. Supreme Court of a decision that invalidated four of five patents for an antibiotic (Cubist Pharmaceuticals, Inc. v. Hospira, Inc., No. 15-1210, U.S. Sup.).
(Petition for writ of certiorari available. Document #78-160418-001B.)
Relying heavily on the post-trial factual findings of a Delaware federal judge, the Federal Circuit U.S. Court of Appeals on...