for Louisiana State Bar Association
1. Takeda Chem. Indus. v. Alphapharm Pty., Ltd., 06-1329, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, June 28, 2007, Decided
OVERVIEW: The manufacturer of a generic version of pioglitazone, a compound successful in anti-diabetic treatment, failed to show by clear and convincing evidence that the patent for the drug was invalid as obvious under 35 U.S.C.S. § 103, at the time the invention was made. Structurally similar compounds taught away from the invention.
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