The Patent Trial and Appeal Board didn’t err in determining the patent was obvious based on prior art, the U.S. Court of Appeals for the Federal Circuit ruled.
The decision marks “another example of the Federal Circuit being pretty deferential” to a PTAB obviousness finding, Doug Robinson, principal at Harness, Dickey & Pierce, P.L.C., said.
Dr. Falk Pharma GmbH owned U.S. Patent No. 8,865,688, which it licensed exclusively to Salix Pharmaceuticals Inc. to...
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(Updated with additional reporting)