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Federal Circuit Rules the PTAB Wrongly Invalidated a Patent in Eli Lilly Case

February 28, 2017

Law360 reported that the U.S Court of Appeals for the Federal Circuit decided in favor of Los Angeles Biomedical Research Institute, ruling that the Patent Trial and Appeal Board wrongly invalidated a patent that LA BioMed accused Eli Lilly’s once-daily Cialis® of infringing.

A three-judge panel vacated the Board’s inter partes review decision finding LA BioMed’s patent obvious in light of three prior art references. The panel majority said the PTAB finding was based on an incorrect claim construction, and that the Board did not make sufficient obviousness findings, Law360 reported. In a separate opinion, the panel also affirmed the Board’s decision that LA BioMed’s patent is not anticipated by one of the same prior art references.

LA BioMed is represented in the case, Los Angeles Biomedical Research Institute at Harbor-UCLA Medical Center v. Eli Lilly and Co., by Fenwick patent litigators David Tellekson, Virginia DeMarchi, Ewa Davison, Elizabeth Hagan and Amy Hayden.

The full article is available through the Law360 website​ (subscription required).

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