Kaken Pharmaceutical Co., Ltd. v. Iancu (Fed. Cir. Mar. 13, 2020)
- quantumpat
- May 24, 2021
- 1 min read
The Federal Circuit vacated the Patent Trial and Appeal Board's obviousness determination based on an erroneous construction of the claimed expression "treating a subject having onychomycosis."
According to the CAFC, the Board's construction was inconsistent with the prosecution history (including statements made to overcome a rejection) and statements in the specification (including some relating to the object of the invention) which supported a narrower interpretation.
Read the case here.