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Perspective

Feb. 13, 2013

'Obviousness' test for chemical compounds survives

The U.S. Supreme Court has declined to hear a Federal Circuit case re-affirming the lead compound analysis for determining the obviousness of a new chemical compound. By Pauline Farmer-Koppenol


By Pauline Farmer-Koppenol


In Otsuka Pharmaceutical Co., Ltd. v . Sandoz, Inc., et al., 678 F.3d 1280 (2012), the Federal Circuit Court of Appeals has re-affirmed the lead compound analysis for determining the obviousness of a new chemical compound. The defendants in the case had argued that lead compound analysis was too rigid in light of KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727 (2007), and filed a petition for certiorari with...

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