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Federal Circuit Finds District Court Erred in Analysis of Motivation to Combine Prior Art References, Yet Affirms Ultimate Conclusion of Non-obviousness Due to the Lack of a Reasonable Expectation of Success
On May 13, 2019, Federal Circuit Judges Stoll, Plager, and Clevenger issued an opinion, authored by Judge Stoll, in Novartis Pharms. Corp. v. West-Ward Pharms. Int'l Ltd., Case No. 2018-1434. The issue on appeal was whether the United States District Court for the District of Delaware erred in holding that claims 1-3 of U.S. Patent No. 8,410,131 ('131 patent) would not have been obvious in view of the prior art. Upon concluding that the district court did not err, the panel affirmed the district court's ruling.
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