OSI Pharm., LLC v. Apotex Inc.
939 F.3d 13752019 USPQ2d 379681Fed. Cir.
AI-generated holding
Efficacy data and absolute predictability are not always required to show a reasonable expectation of success for obviousness, but mere hope that a promising drug will work is not enough in a highly unpredictable art with a 99.5% failure rate and no reliable indicator of success.
- Written by
- A language model, from how the MPEP uses this case rather than from the opinion.
- Confidence
- high — self-reported, not calibrated against a measured error rate
- Human review
- Not reviewed by a person
Read the opinion before relying on this in a filing. How these are made · Report an error
Cited by the manual
1 section