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Intellectual Property Law

New Matter SUMMER 2015 Volume 40, Number 2

Federal Circuit Review

GLENN E. VON TERSCH Principal, SVPC

Initially, consider that in the six months after Alice,1 the Federal Circuit addressed Alice considerations in at least seven decisions. In contrast, during the first quarter of 2015, no precedential decisions related to Alice came down from the Federal Circuit.2 The Court found other ways to keep busy though.

INSITE VISION—FRAMING THE PROBLEM FOR OBVIOUSNESS ANALYSIS

Pfizer and Insite Vision hold patents related to topical administration of azithromycin for eye infections, and Insite Vision markets a corresponding commercial product—Azasite®.3 Sandoz filed an AN-DA[Abbreviated New Drug Application] for a generic version of Azasite®, including a certification that the product does not infringe valid patents, thereby challenging the unexpired Insite Vision patents.4 Sandoz ultimately challenged obviousness of the patents on appeal.5

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