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Eisai Co. v. Dr. Reddy's Laboratories, Inc. (Fed. Cir. 2008)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- Sanity may be returning to the Federal Circuit's treatment of two issues, obviousness and inequitable conduct. In Eisai Co. v. Dr. Reddy's Laboratories, Inc., the Court (in an opinion by Judge Rader joined by Judges Linn and Proust) affirmed the District Court's determination that the patent-in-suit, U.S. Patent No. 5,045,552 was not obvious and was not obtained through inequitable conduct. In doing so, the Court illustrated how its approach to chemical obviousness has developed after KSR Int'l Co. v. Teleflex Inc. and suggested that its inequitable conduct analysis may be returning to the principles enunciated...

Full post as published by Patent Docs on July 22, 2008 (boomark / email).