Appeal decision
The Court of Appeal found that the Trial Judge applied the correct approach to obviousness, noting that it requires a flexible approach and must be applied in context to the facts and circumstances of each claim. The Trial Judge's conclusion was consistent with the views of the experts he preferred and the principles in the governing jurisprudence. The Court of Appeal further found that, viewing the evidence in light of the Trial Judge's credibility findings, it would have reached the same result as the Trial Judge.
Trial decision
As we previously reported, the Trial Judge dismissed
- Blinded evidence. The Trial Judge found that the reliability of
- Skilled person. The Trial Judge rejected the notion that prior art published by leaders in a field does not inform what was routine and within the capabilities of the person of skill in the art. One of
Amgen 's experts had erred by interpreting the person of skill in the art as someone of mediocre skill, rather than someone lacking inventiveness. - Properties known. The Trial Judge found that the reason to make the claimed recombinant protein was the known properties of the known natural protein, which distinguished this case from previous obvious-to-try cases involving compounds or combinations that had not been previously made or isolated, and whose properties were therefore not known.
Decisions:
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