Arguments by Analogy Can Win The Day For Generics Asserting Obviousness Defense
The Federal Circuit recently affirmed a decision by the District of New Jersey finding two patents owned by Hoffmann-La Roche invalid for obviousness. The patents-at-issue in Hoffmann-La Roche v. Apotex Inc., No. 2013-1128, are directed to methods of treating osteoporosis through a once-monthly administration of ibandronate, commercially available as Boniva. The Court applied surrogate testing…