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Jade Toth

As seen in: JD Supra, The New Atlantis
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Articles by Jade Toth

Purdue Appeals Federal Circuit Obviousness Decision to the Supreme Court | JD Supra

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By Nicole Endejann, Jade Toth
| JD Supra
Purdue Pharma (Purdue) has filed a petition for a writ of certiorari challenging a recent Federal Circuit decision upholding the invalidation of several Purdue patents on grounds of obviousness. The decision, and the subsequent April 30, 2025 petition, underscore the importance for practitioners to ground secondary considerations in evidence when rebutting an obviousness rejection to a claimed invention.
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The Federal Circuit Upholds Drug Dosing Regimen as Valid and Nonobvious | JD Supra

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By Jade Toth
| JD Supra
In Janssen Pharmaceuticals, Inc. v. Mylan Laboratories., the United States Court of Appeals for the Federal Circuit affirmed a district court ruling that a pharmaceutical dosing claim limitation was nonobvious despite prior art describing dosing regimens for the same active ingredient. The decision offers useful guidance for patent challengers and patent owners navigating obviousness analyses related to dosing limitations, particularly those directed to known pharmaceuticals.
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Federal Circuit Refines Obviousness Framework for Drug and Biologic Dosing Regimens | JD Supra

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By Susan Krumplitsch, Jade Toth
| JD Supra
The United States Court of Appeals for the Federal Circuit recently affirmed a district court ruling that a pharmaceutical dosing claim limitation was unpatentable due to obviousness-type double patenting. The court found that the “reasonable expectation of success” for the obviousness standard can be met even when there are fact-based differences between the claimed dosing regimen and prior art.
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