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Ex Parte Foricher et al

12647056 (P.T.A.B. Jul. 8, 2014)
Ex Parte Foricher et al

8 Cited authorities

  1. Takeda Chemical v. Alphapharm

    492 F.3d 1350 (Fed. Cir. 2007)   Cited 152 times   5 Legal Analyses
    Holding the invention not obvious to try because the prior art disclosed a broad selection of compounds that an ordinarily skilled artisan could have selected for further investigation

  2. Atlas Powder Co. v. E.I. du Pont De Nemours & Co.

    750 F.2d 1569 (Fed. Cir. 1984)   Cited 241 times   6 Legal Analyses
    Finding of enablement is not precluded even if some experimentation is necessary, although the amount of experimentation needed must not be unduly extensive

  3. Otsuka Pharm. Co. v. Sandoz, Inc.

    678 F.3d 1280 (Fed. Cir. 2012)   Cited 81 times   15 Legal Analyses
    Holding that issues raised only in a footnote may be deemed waived

  4. Altana Pharma AG v. Teva Pharms. USA, Inc.

    566 F.3d 999 (Fed. Cir. 2009)   Cited 81 times   3 Legal Analyses
    Denying Plaintiff's motion for preliminary injunction

  5. Daiichi Sankyo v. Matrix Lab

    619 F.3d 1346 (Fed. Cir. 2010)   Cited 35 times   4 Legal Analyses
    Affirming district court's finding that asserted claims were not obvious under structural obviousness analysis because defendant failed to demonstrate POSA would have chosen compounds as lead compounds

  6. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,061 times   459 Legal Analyses
    Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."

  7. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"

  8. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622