March 13, 2017
Authored and Edited by Christopher B. McKinley; Erin M. Sommers, Ph.D.
In In re Ethicon, Inc., 844 F.3d 1344 (Fed. Cir. 2017), the CAFC affirmed the PTAB’s determination that claims covering coated, drug-eluting stents and methods for maintaining drugs on those devices were obvious in view of a combination of prior art patents disclosing implantable medical devices and coating systems known for their in vivo utility. The CAFC held that substantial evidence supported the Board’s factual findings and its obviousness conclusions were not wrong as a matter of law. Judge Newman dissented, asserting that the Board committed factual and legal errors. Further discussion of the decision can be found on Finnegan’s Prosecution First Blog.
combination product, Obviousness (35 USC § 103), Patent Trial and Appeal Board (PTAB), Food and Drug Administration (FDA), United States Court of Appeals for the Federal Circuit (CAFC)
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