FEDERAL CIRCUIT HOLDS THAT THE SKILLED ARTISAN WOULD HAVE HAD A REASONABLE EXPECTATION OF SUCCESS IN DISSOLVING A COENZYME COQ10 IN A SOLVENT D-LIMONENE

SOFT GEL TECHNOLOGIES, INC., v. JARROW FORMULAS, INC., Appeal Nos. 2016-1814, 2016-1815 and 2017-1051 (Fed. Cir. July 26, 2017).  Before Prost, Bryson and Hughes.  Appealed from PTAB.  (Obviousness)
Background:

In this case, Jarrow requested inter partes reexamination for each of Soft Gel’s patents directed to a method for dissolving a coenzyme CoQ10 in a solvent d-limonene.  The Board found that the prior art references disclose all elements recited in Soft Gel’s patents.  The Board also found that one of ordinary skill in the art would have been motivated to combine these references and would have had a reasonable expectation of success in doing so, thereby invalidating the claims of Soft Gel’s patents.  Soft Gel appealed the Board’s factual finding that, inter alia, a person of ordinary skill in the art would have had a reasonable expectation of success regarding combining the prior art references to arrive at Soft Gel’s invention.

Issue/Holding:

Did the Board err in finding that a person of ordinary skill in the art would have had a reasonable expectation of success in combining the prior art references to arrive at Soft Gel’s invention?    (continue reading)

Summary by:  Patrick Gildea

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