mpep.io

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

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