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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.