Leo Pharmaceuticals Decision Provides New Weapon for Patent Invalidation in Proceedings before the Patent Trial and Appeal Board


The Federal Circuit, on an appeal from an inter partes reexamination proceeding, overturned the conclusion of the Patent Office Board of Patent Appeals and Interferences (the Board) of obviousness and rejected the Board’s analysis of objective indicia of nonobviousness in Leo Pharmaceutical Products, Ltd. v. Rea (Federal Circuit 2013). 1 Although the decision resulted from an inter partes reexamination in favor of nonobviousness, it still substantiates the viability of a challenge to a patent as obvious via an inter partes review (IPR) proceeding established by the America Invents Act (AIA) because, according to the court, the obviousness evaluation process requires considering all of the evidence and arguments in concert.

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