Through the Eyes of One of Ordinary Skill in the Art

27th Annual Joint Patent Practice Seminar
April 2011

PartneView Attachment (PDF)rs Lisa Barons Pensabene and Joshua I. Rothman discussed the significance of Daiichi Sankyo v. Mylan. In Daiichi Sankyo v. Mylan, the Federal Circuit reaffirmed that patents claiming chemical compounds are not obvious if one of skill in the art, without using hindsight, had no motivation to identify starting a compound and make modifications necessary to arrive at the claimed invention when evaluating the totality of the underlying data and properties of the prior art compounds.