Argument Preview

Argument Preview – Sanofi-Aventis Deutschland v. Mylan Pharmaceuticals Inc.

A pharmaceutical patent case being argued next week involves Sanofi-Aventis Deutschland (“Sanofi”) and Mylan Pharmaceuticals Inc. (“Mylan”). This case presents two related issues on the subject of the law of obviousness: (1) whether “obviousness may be shown even when the prior art did not ‘expressly articulate’ or even implicitly ‘suggest’” a modification to the prior art, and (2) whether “the teachings of the challenged patents-in-suit, rather than the prior art,” are sufficient to show that a person of skill in the art (“POSITA”) “would have had a reason to modify the prior art.”

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