Obviousness holding reinforces the importance of claim scope
Last week, in Allergan Inc. v. Apotex Inc., a panel of the Federal Circuit reversed a finding from the Middle District of North Carolina that patents covering Allergan’s Latisse® (bimatoprost ophthalmic solution) were not invalid for obviousness. In doing so, the Federal Circuit reinforced the principle that the obviousness analysis, including secondary considerations of nonobviousness,…