Combination Is Not Obvious To Try Based On Later-Manifest Unexpected Benefits

In Sanofi-Aventis Deutschland GmbH v. Glenmark Pharmaceuticals Inc., USA, No. 12-1489 (Fed. Cir. Apr. 21, 2014), the Federal Circuit, holding that it had appellate jurisdiction, affirmed the district court's rulings and judgment that the asserted patent was not invalid as obvious, that the jury instruction regarding evidence spoliation was not prejudicial, and that certain coplaintiff companies had standing.

The Court then remanded for an accounting of any postverdict damages.

U.S. Patent No. 5,721,244 ("the '244 patent") is directed to antihypertension drugs that utilize a combination of two active ingredients in a single dosage product:  an angiotensin converting enzyme ("ACE") inhibitor and a calcium channel blocker.  Claim 3 of the '244 patent claims the ACE inhibitors trandolapril and quinapril, both of which are "double-ring" compounds, as opposed to the "single-ring" compounds combined with calcium channel blockers in the prior art.