Apotex Inc. v. Cephalon, Inc.

 
DOCKET NO.
OP. BELOW
SUBJECT
Patent

Question(s) Presented

“Whether claimed inventions involving reformulating and administering an old drug in ways that are no better than prior techniques, and which had been taught and suggested in the prior art, are nevertheless patentable although these formulations and methods were at least ‘obvious to try’ under this Court’s decision in KSR, Int’l v. Teleflex, Inc., merely because the court found that a person of ordinary skill in the art would not have been sufficiently motivated to make and administer the drug in this way.”

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