Patent Law Center: Top Cases: Patent Law - Top Cases: Takeda Chem. Indus. v. Alphapharm Pty., Ltd., 492 F.3d 1350 (Fed. Cir. 2007)

Patent Law - Top Cases

5/22/2008 2:54:22 PM EST

Takeda Chem. Indus. v. Alphapharm Pty., Ltd., 492 F.3d 1350 (Fed. Cir. 2007)

Posted by LexisNexis Patent Law Center Staff

The manufacturer of a generic version of pioglitazone, a compound successful in anti-diabetic treatment, failed to show by clear and convincing evidence that the patent for the drug was invalid as obvious under 35 U.S.C.S. § 103, at the time the invention was made. Structurally similar compounds taught away from the invention.

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