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Sandoz Inc. v. EKR Therapeutics, LLC

12971084 (P.T.A.B. Apr. 24, 2015)
Sandoz Inc. v. EKR Therapeutics, LLC

10 Cited authorities

  1. Par Pharmaceutical, Inc. v. TWi Pharmaceuticals, Inc.

    773 F.3d 1186 (Fed. Cir. 2014)   Cited 137 times   25 Legal Analyses
    Concluding that "[t]he claimed . . . parameters . . . [were] inherent properties of the obvious . . . formulation," and thus "[t]he reduced food effect was an inherent result of [a composition] even if it was previously not known in the prior art that a food effect existed"

  2. In re Huai-Hung Kao

    639 F.3d 1057 (Fed. Cir. 2011)   Cited 88 times   16 Legal Analyses
    Holding that a "food effect" was obvious because the effect was an inherent property of the composition

  3. Bettcher Indus., Inc. v. Bunzl USA, Inc.

    661 F.3d 629 (Fed. Cir. 2011)   Cited 82 times   8 Legal Analyses
    Holding that district court did not abuse its discretion in holding that party "could not add new claim construction theories on the eve of trial"

  4. In re Translogic Technology

    504 F.3d 1249 (Fed. Cir. 2007)   Cited 44 times   2 Legal Analyses
    Recognizing that the Supreme Court set aside the rigid application of the TSM Test and ensured use of customary knowledge as an ingredient in that equation.

  5. In re Oelrich

    666 F.2d 578 (C.C.P.A. 1981)   Cited 90 times   5 Legal Analyses
    Stating that "[t]he mere fact that a certain thing may result from a given set of circumstances is not sufficient" to establish inherency (quoting Hansgirg v. Kemmer , 102 F.2d 212, 214 (C.C.P.A. 1939) )

  6. In re Cuozzo Speed Techs., Llc.

    778 F.3d 1271 (Fed. Cir. 2015)   Cited 11 times   21 Legal Analyses

    No. 2014–1301. 2015-02-4 In re CUOZZO SPEED TECHNOLOGIES, LLC. Timothy M. Salmon, Cuozzo Speed Technologies, LLC, of Basking Ridge, NJ, argued for appellant. Of counsel on the brief was John R. Kasha, Kasha Law LLC, of North Potomac, MD. Nathan K. Kelley, Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for intervenor. With him on the brief were Scott C. Weidenfeller and Robert J. McManus, Associate Solicitors. DYK Affirmed. Newman, Circuit Judge, filed dissenting opinion

  7. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,973 times   986 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  8. Section 314 - Institution of inter partes review

    35 U.S.C. § 314   Cited 374 times   630 Legal Analyses
    Directing our attention to the Director's decision whether to institute inter partes review "under this chapter" rather than "under this section"

  9. Section 42.100 - Procedure; pendency

    37 C.F.R. § 42.100   Cited 191 times   75 Legal Analyses
    Providing that the PTAB gives " claim . . . its broadest reasonable construction in light of the specification of the patent in which it appears"

  10. Section 42.108 - Institution of inter partes review

    37 C.F.R. § 42.108   Cited 45 times   69 Legal Analyses
    Permitting partial institution