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Amgen Inc v Sandoz Inc (Fed Cir 2023) | McDonnell Boehnen Hulbert & Berghoff LLP

Teaching Away and No Reasonable Expectation of Success Arguments Insufficient to Avoid Obviousness Affirmance by the Federal Circuit for Columbia University s DNA Sequencing Patents | Haug Partners LLP

In Trustees of Columbia University v. Illumina, Inc., the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeals Board (“PTAB” or “Board”) decision to invalidate five patents owned by Columbia, finding them obvious. 1 The patents are related to methods of DNA sequencing covering nucleotide analogs and their use in “sequencing-by-synthesis.” 2 The invalidations were the result of inter partes review (“IPR”) proceedings initiated by Illumina. 3 This non-precedential opinion concerned Columbia’s challenges to the PTAB’s factual findings regarding, inter alia, teaching away and whether there would be reasonable expectation of success when evaluating obviousness challenges to the patents.

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