Tag Archives: Teva Pharmaceuticals

Mere Hypothesis of Success is Not Reasonable Expectation of Success in Achieving the Claimed Invention

On December 18, 2017, the U.S. Court of Appeals for the Federal Circuit affirmed the District Court’s final judgement enjoining Dr. Reddy’s Laboratories and Teva Pharmaceuticals (collectively DRL) from commercially manufacturing, using, offering for sale, selling, or importing the generic version of Genzyme’s bone marrow stimulant Mozobil®. The court found that combining the prior art in the manner suggested by DRL would not create a reasonable expectation of success in achieving the claimed invention. Genzyme, along with Sanofi Aventis, had developed a method for mobilizing…

Continue Reading....