Monday, December 30, 2013

Pasteur gets mixed result from CAFC appeal of re-exam 95/000,443

Pasteur won on the '545 and '252 patents.

For the ’605 patent, we dismiss Pasteur’s appeal as moot, because Pasteur presented only substan- tively amended claims to the Board and to this court, and amended claims cannot be entered now that the patent has expired. For the ’545 patent, we reverse the Board’s conclusion as based on factual findings unsupported by substantial evidence and an erroneous obviousness analysis, including an improper discounting of Pasteur’s objec- tive indicia of non-obviousness. For the ’252 patent, we vacate the Board’s decision and remand for consideration of what motivation, if any, a skilled artisan at the rele- vant time would have had to pursue the claimed inven- tion.



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