Federal Circuit further defends its obviousness standardsSeptember 6, 2006

Later this year, the Supreme Court will address whether the Federal Circuit’s standard for determining whether a patent is obvious is correct. In a recent case, Alza Corp. v. Mylan Laboratories, Inc., the Federal Circuit provides a detailed description of why it believes its obviousness test is proper, based on the law and earlier Supreme Court cases. The patent at issue covers the drug oxybutynin, marketed as Ditropan XL