Overview
Steptoe of counsel Lawrence Kass recently wrote an article that appeared in the Patent Trial and Appeal Board Bar Association Appellate Year in Review 2024, "Inherency and Expectation: Federal Circuit Charts New Path in Obviousness Analysis." The article discusses the Federal Circuit's decision in Cytiva Bioprocess R&D AB v. JSR Corp., rejecting rigid "lead compound" analysis when prior art suggests modifications to chemical and biological compounds. At issue were methods for purifying antibodies in pharmaceutical manufacturing. The Court outlined a more flexible approach to evaluating chemical and biological modifications. The Court held that when such a modification is obvious to try, its natural properties don't need separate analysis, simplifying how patent examiners and judges analyze inherent properties. This decision marks another step away from rigid patent analysis frameworks.
Read more here (Note: The Appellate Year in Review is available to PTAB Bar Association members only).
