Dissenting on Obviousness
Patent – Patently-O 2016-10-26
Summary:
In re Efthymiopoulos (Fed. Cir. 2016) In a split opinion, the Federal Circuit has affirmed the PTAB’s determination of obviousness. Biota’s patent claims influenza treatment through oral inhalation of zanamivir while the prior art teaches the identical treatment by nasal inhalation. A second prior art reference also suggests that similar compound can be taken via “inhalation” (without […]