The Federal Circuit affirmed the Patent Trial and Appeal Board's (PTAB) Final Written Decision (FWD) in an inter partes review (IPR) that Mylan Pharmaceuticals failed to show the claims.
In a ruling that should surprise absolutely nobody, the Federal Circuit rapidly scrapped an appeal of a PTAB decision that affirmed a 35 U.S.C. § 101 rejection of a business method.
Plus ça change, plus c'est la même chose - Judge Moore, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC stated the obvious when she said in her dissent: M.
The Federal Circuit addressed questions of motivation to combine and reasonable expectation of success in finding obviousness as well as when an obviousness determination by the Patent.
Mentone sued Digi for alleged infringement of Mentone's U.S. Patent No. 6,952,413. The U.S. District Court for the District of Delaware found the claims of the patent to be ineligible.