Bayer Pharma AG v. Watson Laboratories, Inc., No. 16-2169 (Fed. Cir. Nov. 1, 2017)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Watson Laboratories, Inc. appeals the District of Delaware’s final judgment holding Watson failed to prove by clear and convincing evidence that claims 9 and 11 of U.S. Patent No. 8,613,950 (“the ’950 patent”) would have been obvious. We hold the district court clearly erred in finding a skilled artisan would not have been motivated to use the claim elements . Considering the district court’s clear error together with the remain der of its fact fin d- ings, we conclude that claims 9 and 11 of the ’950 patent would have been obvious.