New Uses Of Known Compositions/Methods Not Obvious

Allergan, Inc. v. Sandoz Inc.

Affirming-in-part a district court's finding of validity, the U.S. Court of Appeals for the Federal Circuit held that a claimed method was not inherently obvious because defendants failed to argue the efficacy limitation was inherent to all prior art fixed combination products. The Federal Circuit also reversed-in-part the district court's finding of validity, holding that a claimed formulation was obvious in view of sufficient support to find a motivation to combine, notwithstanding the FDA's approval process. Allergan, Inc. v. Sandoz Inc., Case Nos. 11-1619, -1620, -1635, -1639 (Fed. Cir., May 1, 2013) (Prost, J.) (Dyk, J. concurring-in-part and dissenting in-part).