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Genentech, Inc. v. Hospira, Inc. (Fed. Cir. Jan. 10, 2020)

Federal Circuit affirmed Board's determination that slight overlap between claimed range of "from about 10℃ to about 18℃" and prior art range of "18-25℃" can be anticipatory (contrary to the M.P.E.P.). Once the patent challenger has established, through overlapping ranges, its prima facie case of anticipation, “the court must evaluate whether the patentee has established that the claimed range is critical to the operability of the claimed invention.”

Also, the evidence submitted in this case to show that the claimed range is critical or special failed to overcome the presumption of obviousness resulting from the overlapping range.

Read the case here.

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