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PATENTS - Criteria for patent protection - Non-obviousness - Inventive ingenuity - Procedure - Appeals

Thursday, May 04, 2017 @ 8:30 AM  

Appeal by Bristol-Myers Squibb from a ruling finding its 736 Patent invalid on the basis of obviousness. The appellant acquired rights to the atazanavir molecule, a complex molecule used to treat the HIV virus and AIDS. The molecule was the subject of a 1997 patent application granted in 2006 under the 840 Patent to Novartis. In 1998, the appellant filed a patent application in respect of a salt of atazanavir on the basis its superior bioavailability made it useful in formulation of an oral dosage. The...