SHIRE LLC v. AMNEAL PHARMACEUTICALS, LLC (Fed. Cir. 2015) (P) – The prior art must “teach a finite and limited class” that includes the compound claimed

by | Sep 24, 2015 | [sub] broad prior art disclosures, Anticipation

For a broad reference to be considered as disclosing a particular chemical compound for prior art purposes, it must “teach a finite and limited class” that includes the compound claimed. Here, for example, a compound representing the active ingredient in a claimed...

ALLERGAN, INC. v. SANDOZ INC. (Fed. Cir. 2015) (P) – A prior art range is not anticipatory when there is material and unpredictable variation across the range

by | Aug 4, 2015 | [sub] broad prior art disclosures, Anticipation

A range disclosed in the prior art does not anticipate a claimed invention falling within that range when it can be shown that there is material and unpredictable variation across the range. Here, for example, a prior art disclosure of a composition comprising...

INEOS USA LLC v. BERRY PLASTICS CORPORATION (Fed. Cir. 2015) (P) – Establishing “criticality” of claimed range can avoid anticipation by broader, overlapping range

by | Apr 16, 2015 | [sub] broad prior art disclosures, Anticipation

It is important to establish the “criticality” of a claimed range to the claimed invention in order to avoid anticipation by a prior art reference disclosing a broader, overlapping range. Here, for example, a lubricant claimed in the amount of 0.05 to 0.5% by weight...

KENNAMETAL, INC. v. INGERSOLL CUTTING TOOL COMPANY (Fed. Cir. 2015) (P) – Prior art need not disclose actual performance of an otherwise anticipatory embodiment among various options

by | Mar 25, 2015 | [sub] broad prior art disclosures, Anticipation

There is no requirement that the prior art disclose actual performance of an otherwise anticipatory embodiment among various contemplated embodiments in order to establish a prima facie case of anticipation. Here, for example, the prior art’s disclosure of 15...