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Teva Pharmaceuticals USA, Inc. also provides insight regarding references that teach away from an invention. For example, a article did teach away from penciclovir, but the 'prior art as Adidas Superstar White Men
a whole' did not teach away from using penciclovir as a lead compound. Even though prior art produced some conflicting results about the effectiveness and toxicity of penciclovir . Accordingly, it appears that the burden is on the applicants to survey the state of the art prior to relying on a single reference that suggests that the claimed invention is not possible, or that 'teaches away' from the claimed invention. Instead, it would be advantageous to identify a majority of references that teach away from a claimed invention to convince a patent examiner or a court.
market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. . The KSR decision is already affecting the patentability of antivirals10. For example, a request for a preliminary injunction to prevent the launch of a generic famciclovir (an oral antiviral against herpes) was recently denied in the ongoing litigation of Novartis Pharmaceuticals Corporation v. Teva Pharmaceuticals USA, Inc. 11. The District Court found, in part, that the patent may be obvious in view of the prior art.
The obviousness question centers on whether the prior art taught penciclovir (the active compound in famciclovir) and whether it was obvious to create a prodrug of penciclovir. The District Court found that was one of only a few compounds that would act as an effective lead compound. . In this case, the 'prior art as a whole' would have motivated Beecham [the applicants] to pursue penciclovir as one of the 'known options' within their 'technical grasp'. Thus, the District Court has applied the sense approach to obviousness advocated in Adidas Superstar Red Shoes KSR. The ongoing Novartis Pharmaceuticals Adidas Superstar Price In Usa
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