Vanda Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc.

 
APPEAL NO.
23-1247
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Dyk

Question(s) Presented

1. “Whether method-of-treatment patents directed to the effect of food on a particular drug are per se obvious because of FDA Guidance acknowledging that food may affect the bioavailability of drugs and should be studied.”

2. “Whether the disclosure of the existence of an ongoing clinical trial is evidence of a reasonable expectation of success as to the result of the trial.”

3. “Whether a drug-drug interaction patent is obvious when a POSA could not ‘rule out’ the interaction because another compound in the same general category has shown such an interaction.”

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