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Expert Analysis

Biopharma Patentees Must Navigate Inherent Obviousness

By Pauline Pelletier, Marsha Rose Gillentine and Eric Steffe ( June 23, 2020, 2:00 PM EDT) -- This year, the U.S. Court of Appeals for the Federal Circuit denied rehearing en banc in two appeals involving inherent obviousness — Persion Pharmaceuticals LLC v. Alvogen Malta Operations Ltd.[1] and Hospira Inc. v. Fresenius Kabi USA LLC[2] —­ perhaps missing an opportunity to clarify a doctrine that both the U.S. Patent and Trademark Office and courts have struggled to apply consistently and coherently....

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