· 6/12/2014
Bristol-Myers Squibb Company v. Teva Pharmaceuticals USA, Inc.
Citations
- 752 F.3d 967
- 111 U.S.P.Q. 2d (BNA) 1293
- 2014 WL 2609924
- 2014 U.S. App. LEXIS 10911
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- considering Teva’s strong evidence of obviousness alongside BMS’s arguments relating to secondary considerations of nonobviousness
- “To establish obviousness in cases involving new chemical compounds, the accused infringer must identify some reason that would have led a chemist to modify a known compound.”
- “While secondary considerations must be taken into ac- count, they do not necessarily control the obviousness de- termination.”
- “While secondary considerations must be taken into ac- count, they do not necessarily control the obviousness de- termination.”
- “While secondary considerations must be taken into ac- count, they do not necessarily control the obviousness de- termination.”
- “While a ‘marked superiority’ in an expected property may be enough in some circumstances to render a compound pa- tentable, a ‘mere difference in degree’ is insufficient.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Prost, Plager, Chen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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