Mandy H. Kim

Inherent Claim Limitation Necessarily Present in the Prior Art Invalidates Patent
By Mandy H. Kim on Jan 29, 2020
Posted In Life Sciences, Patents
Addressing the issue of obviousness, the US Court of Appeals for the Federal Circuit affirmed the district court’s finding that a patent was invalid based on inherency because the claim limitation was necessarily present in the prior art. Hospira, Inc. v. Fresenius Kabi USA, LLC, Case Nos. 19-1329, -1367 (Fed. Cir. Jan. 9, 2020) (Lourie,...
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