Blocking Patents May Minimize Probative Value of Blockbuster Sales in Obviousness Analysis

Blocking patents, Commercial Success

Last week, Federal Circuit Judge William Bryson, sitting by designation in the Eastern District of Texas, held that the claims of four of the six Orange Book-listed patents for Restasis® were invalid.  In reaching this decision, Judge Bryson discounted the extensive sales revenues of Restasis® offered by Allergan to demonstrate commercial success.  Allergan, et al.…

Post-Priority-Date Evidence May Be Relevant to 35 U.S.C. § 112 Inquiry

Enablement, Post-priority date evidence, Written description

Recently, the Federal Circuit reversed a jury decision upholding the validity of two Amgen patents directed to a large genus of antibodies that reduce LDL cholesterol. Amgen et al. v. Sanofi et al., No. 2017-1480.  Defendants argued that the patents failed to satisfy the written description and enablement requirements under 35 U.S.C. § 112.  The…