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Article
The Chemistry Controls The Calendar: Predictive Testing, Design Around Reformulations & The Cost Of Racing To Trial In Kaneka Corp. V. Designs For Health
A Japanese manufacturer of reduced coenzyme Q10 won a patent infringement case against two American competitors, only to watch its victory unravel when the defendants reformulated their products. Racing to a second trial with predictive chemical testing rather than waiting for complete shelf-life data, the patent owner learned a costly lesson about the intersection of litigation strategy and laboratory timelines.
Japan IP
YMF Law Tokyo
Article
When Inherency Meets Obvious-to-Try: How Cytiva V. JSR Clarifies The Patent Obviousness Analysis
In Cytiva BioProcess R&D AB v. JSR Corp., No. 2023-2074, the Federal Circuit addressed obviousness challenges to multiple patents related to affinity chromatography, clarifying when a "lead compound" inquiry may be substituted with an "obvious-to-try" analysis and when the presence of inherent properties may obviate the need to demonstrate a reasonable expectation of success.
Japan IP
YMF Law Tokyo
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