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« Court Report | Main | Patent Trolls Beware -- Supreme Court Issues Decisions in Octane Fitness and Highmark »

April 28, 2014


Based on comparing the claims and specifications, the two compound species that '483 claim seem to be non-obvious over the genera and species that '375 discloses. One of those two compounds is Tamiflu. A third party presumably could have patented those two '483 compounds and likely withstood an obviousness challenge in court. Too bad for Gilead that the trial court didn't reach the obviousness issue. That 'omission', if that's what it was, may cost them dearly.

It would be nice if congress would step up and clarify matters. That is their job after all. However, expecting that is unreasonable given their much higher priorities of incessantly bashing each other in public and scheming for advantage in the next election, which is ALWAYS on the horizon.

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