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Known Solution to General Problem Provides Sufficient Motivation to Modify Prior Art, PTAB Litigation Blog

July 2017

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In a final written decision in Bass, et al., v. Fresenius Kabi USA, LLC (IPR2016-00254), the PTAB found that the challenged claims of Fresenius’s U.S. Patent No. 8,476,010, directed to a sterile pharmaceutical composition of the anesthetic propofol in a container having a nonreactive, inert closure, were unpatentable. Independent claim 1, from which each of the challenged claims depend, recites in pertinent part, "where the closure is selected from the group consisting of siliconized bromobutyl rubber, metal, and siliconized chlorobutyl rubber."

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