Overlapping Ranges and the Presumption of Obviousness

Federal Circuit Sides with J&J in Patent Battle over Schizophrenia Drug Regimen

By Nafsika Karavida and Lucia Mead Last week, in a significant win for Janssen Pharmaceuticals (a Johnson & Johnson company), the U.S. Court of Appeals for the Federal Circuit (“CAFC”) upheld the district court’s ruling in Janssen Pharmaceuticals Inc. v. Teva Pharmaceuticals USA Inc., affirming that Teva had failed to prove that Janssen’s patent on […]

Janssen v. Teva: Federal Circuit Upholds Claims to Pharmaceutical Dosing Regimen, Clarifies Presumption of Obviousness for Overlapping Prior Art Ranges // Cooley // Global Law Firm

Overlapping Ranges and the Presumption of Obviousness

by Dennis Crouch The Federal Circuit's decision in Janssen v. Teva narrows the scope of the overlapping-range presumption of obviousness, holding that when a patent claim involves an integrated, time-dependent sequence of steps rather than a simple selection of numeric values, courts must conduct a full obviousness analysis instead of applying the presumption that overlapping ranges are obvious. To continue reading, become a Patently-O member. A…