Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc.

 
APPEAL NO.
19-1368
OP. BELOW
SUBJECT
Patent
AUTHOR
Taranto

Question(s) Presented

1. “[W]hether a litigant can waive a constitutional defense based on an intervening change of law that implicates important issues of public concern;” and 2. “[W]hether, consistent with KSR, patent claims can be obvious when there is no prior art evidence of the problem identified and solved by the claimed invention and, consistent with Panduit, the patent specification can constitute prior art.”

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