United States:
Vanda Strikes Out At The Supreme Court
30 April 2024
Axinn Veltrop & Harkrider
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Two weeks ago we discussed Vanda
Pharmaceuticals' ambitious cert petition asking the
Supreme Court to discontinue the "reasonable expectation of
success" standard for patent obviousness that for
decades has been a mainstay of patent law.
Vanda argued that the Court should instead adopt a
"predictable results" standard, which would have made
patents more difficult to challenge and thereby significantly
impacted the pharma and biologics industries. Unsurprisingly, the
Court today denied Vanda's petition, leaving the obviousness
standard unchanged.
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