Disparaging in Context: Motivation to Combine Exists Even For a Markedly Inferior Element
Patent – Patently-O 2024-09-25
Summary:
by Dennis Crouch
In a nonprecedential opinion, the Federal Circuit affirmed the PTAB decision finding all claims of Novartis's U.S. Patent No. 9,220,631 unpatentably obvious. Novartis Pharma AG v. Regeneron Pharmaceuticals, Inc., No. 2023-1334 (Fed. Cir. Sept. 23, 2024). The court rejected a teaching-away argument even though the prior art had described a key component as "markedly inferior."
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