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The Latest on Inherent Obviousness

  • 12.08.14
  • Gaby L. Longsworth, Ph.D. and Marsha Rose Gillentine, Ph.D.
  • Sterne, Kessler, Goldstein & Fox

On December 3, 2014, the Federal Circuit issued a decision in Par Pharmaceutical, Inc. and Alkermes Pharma Ireland Limited v. TWI Pharmaceuticals, Inc., agreeing with the district court's analysis and conclusions on motivation to combine, reasonable expectation of success, and objective indicia of nonobviousness but vacating and remanding for further analysis on the issue of inherency.

Download the attached PDF for our analysis on the decision and its impact on inherent obviousness. 

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