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ARTICLE · 05 DECEMBER 2022

Single Value Found Not Inherently Anticipated Or Inherently Obvious From A Range

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Fonterra Co-operative Group Ltd. v. Arla Foods AMBA, IPR2022-00661, Paper 15 (P.T.A.B. Aug. 31, 2022) and IPR2022-00662, Paper 14 (P.T.A.B. Aug. 31, 2022) the Patent Trial...

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Amanda Murphy
Amanda Murphy
Stacy Lewis
Stacy Lewis
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Holding

In Fonterra Co-operative Group Ltd. v. Arla Foods AMBA, IPR2022-00661, Paper 15 (P.T.A.B. Aug. 31, 2022) and IPR2022-00662, Paper 14 (P.T.A.B. Aug. 31, 2022) the Patent Trial and Appeal Board ("the Board") denied institution, finding that the petitioner had not adequately established inherent anticipation or inherent obviousness.

Background

The patents challenged were U.S. Patent Nos. 10,709, 146 ("the '146 patent") and 10,729,150 ("the '150 patent"). The two patents share the same priority date. Independent claim 1 of the '146 patent is representative and reads:

1. A denatured whey protein composition containing:

a total amount of protein of at least 70% (w/w) on a dry weight basis,

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