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ARTICLE · 29 MAY 2023

Analogous Art Must Be Compared To Challenged Patent

McDermott Will & Emery
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The US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board obviousness decision, finding that a prior art reference...

United StatesIntellectual Property
Alexandra Cavazos, PhD
Alexandra Cavazos, PhD

The US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board obviousness decision, finding that a prior art reference relating to automotive engine parts was not analogous art to the challenged patent, which related to injection devices used for drug delivery. Sanofi-Aventis Deutschland GMBH v. Mylan Pharmaceuticals Inc., Case No. 21-1981 (Fed. Cir. May 9, 2023) (Reyna, Mayer, Cunningham, JJ.)

Sanofi-Aventis owns a patent directed to a drug delivery device that can be configured to allow for the setting of different dose sizes. The main independent claim of the patent recites a spring washer element with "at least two fixing elements configured to axially and rotationally fix the spring washer relative to the housing."

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