April 21, 2017
Authored and Edited by Paula E. Miller; Bryan C. Diner
In Novartis AG v. Noven Pharmaceuticals Inc., 853 F.3d 1289 (Fed. Cir. 2017), the CAFC affirmed the PTAB’s decision finding obvious certain patents that were previously found nonobvious in district court. This was due to different burdens of proof—“preponderance of the evidence” at the PTAB and “clear and convincing” at the district court—as well as additional evidence that was not before the district court. The claims at issue are directed to a pharmaceutical composition for the treatment of Alzheimer’s disease. Further discussion of the decision can be found on Finnegan’s Federal Circuit IP Blog.
Patent Trial and Appeal Board (PTAB), Obviousness (35 USC § 103), United States Court of Appeals for the Federal Circuit (CAFC), Food and Drug Administration (FDA), drugs
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