Wednesday, September 12, 2007

Federal Circuit Changes Non-Precential Opinion on Level of Skill in the Art to a Precedential Opinion

Daiichi Sankyo Co., Ltd. v. Apotex, Inc., [2006-1564] (September 12, 2007) [ARCHER, Michel, Dyi] The Federal Circuit reversed the judgment of the district court that Apotex infringes U.S. Patent No. 5,401,741, and that the patent is not invalid or unenforceable, because the invention would have been obvious in view of the prior art.
BRIEF: The Federal Circuit reissued its July 11, 2007, non-precedential opinion as a precedential opinion.