Concert Pharmaceuticals, Inc. v. Incyte Corporation

 
APPEAL NO.
19-2011
OP. BELOW
OPINION
TBD
SUBJECT
Patent
AUTHOR
TBD

Issue(s) Presented

1. “Whether the PTAB relied on the wrong legal standard in determining structural obviousness, because it ignored whether a skilled artisan:

would have been motivated to deuterate ruxolitinib to alter its pharmacokinetic properties;

would have been motivated to make the specific molecular modifications claimed in the ’149 Patent; and

would have had a reasonable expectation that the claimed modifications would lead to desired improvements in the compound’s characteristics.”

2. “Whether the PTAB erred in disregarding objective indicia of nonobviousness.”

3. “Whether the official who denied Concert’s request for Director review was a properly appointed ‘principal officer’ of the Executive Branch.”