by Dennis Crouch
Purdue Pharma has filed a petition for certiorari asking the Supreme Court to review what it characterizes as the Federal Circuit's overly rigid application of the "nexus" requirement for objective indicia of non-obviousness. I agree with the petition that the Federal Circuit's approach contradicts the Supreme Court's longstanding precedent requiring a flexible and expansive analysis of obviousness factors, exemplified both by the court's 2007 KSR decision as well as older cases, such as Minerals Separation v. Hyde, 242 U.S. 261 (1916).
- Purdue Pharma L.P., et al. v. Accord Healthcare, Inc., Docket No. 24-1132;
- Dennis Crouch, The OxyContin Conundrum: Can a Creator of Crisis Patent a Solution?, Patently-O (Mar. 25, 2025);
- Dennis Crouch, Federal Circuit Affirms Invalidity of Purdue’s OxyContin Patents, Patently-O (Dec. 30, 2024).
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