Overview
Steptoe New York partner John Molenda’s oral arguments before the US Court of Appeals for the Federal Circuit was covered by Law360. On July 5, a Federal Circuit panel made the Patent Trial and Appeal Board take another look at a Pfizer Inc. unit’s patent on an antibiotic formula, arguing the board mistakenly let the obviously unpatentable drug cocktail survive.
Mr. Molenda argued that, by ignoring Apotex’s asserted motivations to combine parts of prior art, the board missed out on essentially a substitution of one tetracycline antibiotic to a newer one. “The result of this case is as simple as the compound here,” he said.
The full article can be read at Law360 (subscription required).