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ARTICLE · 04 JULY 2018

Obviousness Finding Properly Based On Combination Of Structural And Functional Similarities

McDermott Will & Emery
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Rejecting a patent owner's arguments relating to due process and structural and functional similarities regarding obviousness, the US Court of Appeals for the Federal Circuit ...

United StatesIntellectual Property
Wen Li
Wen Li
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Rejecting a patent owner's arguments relating to due process and structural and functional similarities regarding obviousness, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) obviousness finding. Anacor Pharmaceuticals, Inc. v. Iancu, Case No. 17-1947 (Fed. Cir., May 14, 2018) (Bryson, J).

Anacor owns a patent directed to the use of tavaborole (a specific boron heterocycle) to treat fungal infections, including onychomycosis such as tinea unguium. Tinea unguium is caused by dermatophytes, and onychomycosis can also be caused by C. albicans. During an inter partes review (IPR) proceeding, the PTAB found all claims of Anacor's patent obvious over the combination of two references. According to the PTAB, one of the two references taught that tavaborole is most effective against C. albicans among a table of compounds tested, and that tavaborole has a relatively low molecular weight. The PTAB found that molecular weight was

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