Overview
Steptoe of counsel Lawrence Kass recently wrote an article that appeared in Law360, "Fed. Circ. Inherency Ruling Refines Obviousness Framework." The article discusses the Federal Circuit's decision in Cytiva Bioprocess R&D AB v. JSR Corp., which eliminates the requirement for a "reasonable expectation of success" analysis for inherent properties in obviousness determinations. The case involved patents for antibody purification methods using modified proteins. The Court ruled that no special justification is needed for choosing among multiple starting points suggested by prior art. This aligns with the Court's shift towards a more flexible obviousness analysis, rejecting rigid frameworks like "lead compound" analysis. The decision also clarifies that inherent properties of an otherwise obvious invention do not require a separate obviousness analysis, streamlining the evaluation of claims with inherent features.
