Federal Circuit Reaffirms That There Is No ‘Reasonable Expectation Of Success’ In Trying To Invalidate A Chemical Compound Claim As Obvious
By EsqSocial Corporation 02/03/21
The Federal Circuit (in an unpublished opinion) recently reaffirmed the difficulty generic challengers face when trying to establish chemical structural obviousness to invalidate a drug compound patent claim. This recent ruling involved Takeda’s U.S. Patent No. 7,807,689 (“the ‘689 Patent”), which claims alogliptin, a uracil-containing dipeptidyl peptidase IV (“DPP-IV”) inhibitor used to treat Type II diabetes....
By: Kilpatrick Townsend & Stockton LLP