Telepharma Disconnect: Federal Circuit Reverses PTAB On Obviousness
On May 28, the Federal Circuit reversed a PTAB inter partes review (“IPR”) decision that held Baxter Corporation Englewood’s (“Baxter’s”) claims were not invalid under 35 U.S.C. § 103(a) obviousness based on three prior art references: Alexander, Liff, and Morrison. The appeal involved telepharmacy technology for providing drug information to a pharmacist for approval while other non-pharmacists prepare the order. At issue on appeal were two limitations of the 8,554,579 (“579 patent”), referred to as the “verification limitation” […]